August 2, 1965 - 11:00 AM - County Board of Commissioners Meeting Minutes

August 2, 1965 - Regular1 6Fit widthAugust 2, 1965The Board of Commissioners of Johnston County met in regular session on August 2, 1965, in theCommissioners Room, at 1100 A M, with the following memberspresentH M Johnson, Chairman, J D Bailey, Frank B Holding, Norman C Denning and Jesse H Austin, JrAbsent , NoneThe following business was transacted1 Road Problem S R # 1501Subsequent to complaint of Rev D P Richardson as to drainage problem on S R #1908 northeast,of Wilsons Mills at Durants Store, it was ordered that W G Massey request J I Lynch, DistrictEngineer, State Highway Commission, to investigate the situation and render all assistance possible2 Tax Le Turned over to Tax CollectorCommissioner J D Bailey moved?- that the following 1965 Tax Levy turned over to the Tax Collectorby W H Britt,, Tax,Supervisor, in the following form and amounts, be approved1965 Tax Levy Turn Over to Tax Collector1965Tax Levy Regular ListTotal Tax County Wide 1,724M5•02Poll Tax18,15400Dog Tax13,54100Archer Lodge2,34905TOTAL ALL LEVIES1M9,079071Less Prepayments Total Collected178,231-97Discounts3,591-82Total Turned Over to Tax Collector1,57749528Levy-after list as of July 26, 1965TOTAL ALL LEVIES10,1483-95Less Prepayments1,39869Discounts2821TOTAL TURNED OVER TO TAX COLLECTOR9,05705GRM TOTAL TURNED OVER TO TAX COLLECTOR13,586,252-33July 26, 1965W H BrittTax SupervisorJuly 26, 1965 ReceivedHarper Godwin,Tax CollectorCommissioner Norman C Deming seconded the motion, which was carried3 Road Problem UndeERass Highway # 70,, SmithfieldCommissioner Frank B Holding moved that the followingresolution be adoptedRESOLUTIONWhereas, the Board of County Commissioners of Johnston County deem it expedient to call to theattention of the State Highway Commission the danger existing on Atlantic Coastline Railroad Underpass,Highway No 70, Town of Smithfield, during heavy rains, which has caused fatal and serious accidents,Now therefore, in order to eliminate this hazard to the public, it is hereby ordered that the StateHighway Commission be requested to investigate ways and means of improving the underpass drainageCommissioner Norman C Denning seconded the m otion, which was carriedIt Removal Lots from Sinking Fund AccountUpon the recommendation of W H Britt, Auditor, Commissioner Jesse H Austin, Jr moved that W HBritt,, Auditor, be authorized and directed to remove or -write off from the record an account appearingon page 51 of the audit ending June 30, 1964 listed as followsSinking FundReal EstateA G Askew KenlyJ W Canady BensonD J Hill BensonJohn R Parrish BensonLot, 550-00Lot 350-00Lot 250-00Lot 1-1-750-00L 00500 ?-IAr1It appearing after a thorough search that the above property does not exist and further that the1963 revaluation failed to reveal the existence of said lotsCommissioner J D Bailey seconded the motion, which was carried5 Road # 250After hearing a complaint from Mr Calvin Creech,, Route # 2,, Smithfield, as to the poor conditionand drainage of SR # 250 Commissioner Frank B Holding moved that the State Highway Commission berequested to improve conditions existing on said roadCommissioner Jesse H Austin, Jr seconded the motion, which was carried6 Road Banner TownshipCommissioner Frank B Holding moved that the State Highway Commission be requested to add to-theJohnston County Road System and maintain that certain road in Banner TownshipPetition enclosed with this order For reference see J R Barefoot, Benson, N CCommissioner Norman C Denning seconded the motion,,, which was carried7 Payment to Coupty AttorneyCommissioner Jesse H Austin, Jr moved that W R Britt,, County Attorney, be paid 10000,representing professional services rendered in connection with new County Rest Home, including oneout-of-county trip, numerous in-county trips, including trips to see Commissioners Bailey,, Denning andJohnson, conferences, correspondence and drafting of legal documents, attendance at sale by Mr AshleyCommissioner Norman C Denning seconded the motion, which was carried8 ease Agreement +Commissioner Norman C Denning moved that H M Johnson, Chairman, be authorized and directed toexecute on behalf of the County the following Lease Agreement between the County of Johnston and NathanLassiter and wife, Marian Lassiter, covering the Johnston County Boarding Home;NORTH CAROLINAJOHNSTON COUNTYTHIS LEASE AGIMMENT, made and entered into this the 2 day of August,, 1965, by and between theCOUNTY OF JOHNSTON, a body politic and corporate,, created by the General Assembly of North Carolina,,hereinafter referred to as LESSOR; and NATHAN To LASSITER, and wife, MARIAN W LASSITER, residents ofJohnston County, North Carolina, hereinafter referred to as LESSEEWITNESSETHThat,, subject to the terms and conditions hereinafter set forth, LESSOR does hereby let and leaseto LESSEE, and LESSEE does hereby accept the same stenant of LESSOR, that certain parcel of land,together with the buildings and improvements thereon, and certain personal property herein as herein-after specified, situated in Smithfield Township, Johnston County, North Carolina, and more particularlydescribed as followsBEGINNING at a stake on N C Highway # 210 eastern edge of plantation cart way andruns thence in a northerly direction to a point in line with the southern end of thefarm machinery shed located on the county home property- thence in an easterly directionabout 60 feet to a point in the line of the western end of the chicken yard; thence ina northward direction along the line of the western end of the chicken yard to a point,,southern end of pack barn; thence in an eastward direction about 20 feet; thence in anortherly direction to the pasture fence; thence in an easterly direction to a straightline to a point in the line of Mrs Alonza Stephenson; thence as her line in a southerlydirection to N C Highway No 210; thence as Highway No 210 westward to the point ofBEGINNINGTO HAVE AND TO HOLD the said land and premises, together with all privileges and appurtenancesthereto belonging, to LESSEE, for the sole purpose of operating and maintaining a private boarding homefor the care of the aged and infirm in conformity with the requirements of the North Carolina Departmentof Public Welfare, the North Carolina Board of Public Welfare, and any other governmental authorityhaving jurisdiction over the operation of such rest homes, and for no other purposeThe terms and conditions of this lease agreement are as follows-,1 In addition to the lands hereinabove described, together with the buildings and improvementsthereon, LESSOR shall also furnish initially for use in the home,, subject to the other terms andconditions herein, and specifically those as relate to maintenance and replacement at the expense ofLESSEE, all the furnishings, equipment and other items of personal property, listed on attachedsheet marked Exhibit A, and by reference expressly made a part hereofIt is understood that these items of personal property to be furnished by LESSOR are also leasedto LESSEE subject to the other terms and conditions hereof and that any and all references in this33611agreement to leased premises shall also refer to all such personal property and equipment2 LESSEE shall, at his own expense, purchase all furniture and furnishings for the second -storydwelling apartment in the main building of the leased premises, all office furniture and equipment, alljanitorial supplies, and washing machines, dryers, icemakers, and deep freezers to be used in theoperation of the home It is understood and agreed that these items furnished by LESSEE are notconsidered a part of the leased premises, but rather as property belonging to and owned by LESSEE,3 The terms of this lease shall be for a period of one1 year, beginning on September 1, 1965,and unless sooner terminated, continuing through and including August 31, 1966 LESSEE shall have theright to extend the period of this lease for an additional one 1 year beginning at the expiration oforiginal term, at a rental to be mutually agreed upon at the time of renewal PROVIDED that LESSEE shallgive notice in writing of his intention so to extend by - registered,mail to LESSOR postmarked no laterthan one hundred twenty 120 days prior to the expiration of the original term of this lease4 The rental to be paid to LESSOR by LESSEE for said leased premises shall be FOUR RWRED40000 DOLLARS, per month, payable in advance on or before the 10th day of each month, beginningSeptember 1965 In the event of failure on the part of LESSEE to pay said rental in accordance herewith,LESSOR, at its option, may terminate this lease agreement and forthwith take possessionof the leasedpremises5 The leased premises shall at all times during the term hereof, and any extensions of the same,be for the sole purpose of f--opprating and maintaining a private boarding home for the care of the agedand infirm in conformity with the requirements of the North Caxolina Department of Public Health and theNorth Carolina Board of Public Welfare and any other governmental authorities having jurisdiction overthe operation of such Rest Homes; and the LESSEE agrees at all times to abide by all lawful and reason-able rules and regulations promulgated by any governmental agencies having such authority, and alsoagree at all times that they shall not use said leased premises for any purpose other than a lawfulpurpose and a purpose not constituting a nuisance in any manner6 a The LESSEE shall take good care of the premises hereby leased or demised and the appurtenances thereof, and at the endor other expiration of the term of this lease shall deliver up saidpremises in good order or condition, ordinary wear and tear exceptedb The LESSOR hereby agrees that the LESSEE, upon paying the rent as hereinabove stipulatedand performing all of the stipulations, agreements, and covenants, shall and may peaceably and quietlyhave, hold, and enjoy said premises during the said term, free from the adverse claims of any person,firm or corporation7 The LESSEE,, at his own cost and expense, shall comply with all rules, regulations, and requirements of the State and City governments or of the goverment of the United States or,any other of thedepartments or bureaus thereof applicable to the operation of the leased or demised premises8 TAXES AND INSURANCEa LESSEE shall at his own expense list and pay all taxes due on all personal propertyfurnished by him and located on the leased premisesThe LESSOR shall at its own expense insure with extended coverage the real and personalproperties furnished by said LESSOR which are the subject of this lease agreement to such extent as theLESSOR may deem necessary,c The LESSEE shall at all times during the term hereof and at his own expense carry adequatepublic liability insurance coverage to the extent necessary to fully protect both the LESSOR and theLESSEE,, and the LESSEE shall at all times during the term hereof leave on deposit with the LESSOR copiesof all such insurance policies carried by the LESSEE at his expense,, and a failure on the part of theLESSEE to do and perform any such requirement as to insurance shall constitute so material a breach ofthis lease that the LESSOR,, at its option, may thereupon terminate the same,9 a LESSOR agrees to initially construct and provide facilities and equipment,-,on the premisesfor supplying electric current, heat, water and sewage,b LESSEE agrees to pay for such regular monthly and seasonal charges for electricity, water,heat, and sewage as may be incurred in the use and operation of the leased premises10 a The LESSOR shall, at its own expense, during the entire term hereof, and any extensions ofthe same, replace, when necessary, all such items of personal property originally purchased and furnishedby said LESSOR to such extent as will maintain the same inventory of such personal property as existedin the ihitial furnishing and -stocking of the same by the LESSOR, and said replacement shall beaccomplished by furnishing articles of like character and value and the title to the same shall vestin the LESSOR By way of example, the LESSOR agrees to replace, when necessary, all beds, chairs,tables,, lamps, sofas, refrigerators, stoves, sinkst provided, however, that the LESSEE shall at his,own expense during the entire term hereof,, and any extensions of the same,, replace such items of personalpropertyoriginally furnished by the LESSOR as curtains, drapes, silver, tableware, kitchenware, linens,sheets, and bedspreads to such extent as will maintain the same inventory of personal property of likeitems as existed injthe initial furnishing and stocking of the same by the LESSOR,, and the said replace-ment shall be accomplished by furnishing articles of like character and value and the title to the sameshall vest in the LESSOR and the LESSEE shall have no right or claim thereto upon the termination ofthis lease agreementb If the necessity for replacing any such item of personal property as hereinabove set forthcannot be agreed upon between the parties, then in that event, the LESSEE shall have the right to94 4-1 7ftqJ13t 2replace any such item at his own expense, provided, further that any such item of personal propertyreplaced by the LESSEE, at his own expense, shall become the sole property of the LESSEE and may beremoved by the LESSEE at his own expense and without injury to the leased premises on or prior totermination of this lease agreement Provided, further, that the LESSOR shall remain the sole ownerof any such original item of personal property replaced by the LESSEE, and provided, further, thatthe LESSEE shall, at the option of the Lessor, either return any such original item to the LESSOR orprovide adequate and sufficient storage for same, at the expense of the LESSEE, until called for bythe LESSOR on or prior to termination of this lease agreementc The LESSEE agrees to make all minor repairs necessary to be made to both the real and personalproperty herein leased during the term of this lease at his own cost and expense,, except repairs to theroof,, and the LESSOR shall make all major repairs, and for the purpose of determining which is a majorrepair, it is agreed by the parties hereto that repair work necessitating an expenditure of as much as50-00, or more than that sum, shall, for the purpose of this lease agreement, be considered to be anitem of major repair as to each separate item of repair costing 50-00 or morell- The LESSEE shall not make any permanent alterations, additions, or improvements on thepremises hereby leased and demised without first obtaining from the LESSOR its written consent,, andall permanent alterations, additions,, and improvements made by the LESSEE during the course of hisoccupancy or the term of this lease shall inure to the benefit of and be the property of the LESSORupon the termination and end of this lease, and such permanent alterations, additions and improvementsshall be surrendered with thepremises when the same are surrendered by the LESSEE to the LESSOR12 If, during the term of th is lease, the demised premises shall be or become damaged by fire,or by the elements, such damage shall be repaired by the LESSOR, unless the damage to said premiseshereby leased or demised be sogreat that the same cannot be repaired with reaeonable diligence so asto be fit for occupancy within 120 days from the date of the damage, but, in any event,, the rent hereinprovided to be paid for said premises shall abate and be suspended for a period from the date of thedamage to the premises hereby leased until the date when the said premises shall be repaired as to befit and ready for occupancy by the LESSEE, and in such event the tenancy of the premises hereby leasedor demised shall not be terminated but shall remain in force and effect under and by virtue of theterms and conditions of this lease, unless the damage done to the premises hereby leased shall beso great as to make it,impossible to repair the premises within a period of 120 days, in which casethe LESSEE shall have the option of vacating the premises hereby leased or demised and of bringing toan end and terminating this agreement and lease13 This lease agreement may not be assigned to any other persons than the LESSEE hereinabovenamed,, nor shall any part of the leased premises be sub-leased or sub-let to any other person or persons14 If the 1 icense for operating the leased premises issued by the North Carolina Department ofPublic Welfare shall be revoked or terminated, LESSOR may, at its option, elect to terminate th is leaseagreement by the filing of a formal Notice of Termination duly executed by LESSOR in the office of theRegister of Deeds of Johnston County15 It is understood that this lease shall not include the two-story white frame house,, barns,brooder house, chicken houses, garage and other outbuildings which are to be torn down and removed byLESSOR or purchased from LESSOR LESSOR shall have until December 31, 1965 to remove these saidbuildings16 It is also understood that the one-story permanent building located to the rear of the mainbrick building of leased premises shall not be used as living quarters for the LESSEE and his family,,or any person employed by LESSEE in the operation of the home to be operated on leased premisesLESSEE agrees that this building shall 1 be used for miscellaneous storage, and for the recreationalpurposes by residents of the home LESSEE further agrees that the dwelling apartment in the two-storypermanent building shall at all times be occupied by themselves or by peoponsible members of the staffin accordance with the standards for operating said home17 LESSEE shall at no time accept any more than twenty 20 persons as residents of said resthome without the express written consent of LESSOR In the event more than twenty 20 residents shallbe housed and cared for in said rest home during the term of this lease, it is understood that themonthly rental-shall be increased by an amount equal to 2000 per additional resident in excess oftwenty in numberIN TESTI14ONY WHEREOF, the County of Johnston has caused these presents to be signed in its nameby the Chairman of its Board of Commissioners and its Corporate Seal to be hereto affixed,, and attestedby the Clerkof the said Board, all by order of a resolution of its Board of Comistioners duly passedand carried; and the said LESSEES have hereunto set their hands and seals, this the day and year firstabove writtenATTESTW G MasseyClerk, Board of CommissionersNorth Carolina,Johnston CountyCOUNTY OF JOHNSTONBY H M JohnsonChairman,, Board of CommissionersNathan T Lassiter SealMarian W Lassiter SealI Annette E Fail, Deputy Clerk of Superior Court of Johnston County,, hereby certify that W G338Massey personally appeared before me this day and being by me duly sworn, says that he knows the commonseal of the County of Johnston and is acquainted with H M Johnson,,, who, is Chairman of Board ofCommissioners of said County, and that he, the said W G Massey, is the Secretary of said Board and sawthe said Chairman sign the foregoing instrument, and that he, the said Secretary, affixed said seal tosaid instrument and signed his name in attestation of the execution of said instrument in the presenceof said Chairman of said BoardLet the instrument, with the certificate, be registeredWitness my hand this 6 day of Aug, 1965Annette E FailDeputy Clerk of Superior Court ofJohnston CountyNorth CarolinaJohnston CountyI, Annette E Fail, a Dep C S C, do hereby certify that Nathan T Lassiter and wife,, Marian WLassiter personally appeared before me this day and acknowledged the due execution of the foregoinginstrumentWitness my hand and notarial seal this 6 day of Aug 1965Annette E Fail, Dep C S CEXHIBIT AUsable Inventory60 bed slats4Pans20 beds1Dish pan20 Commodes1Rolling pin8 Dressers and Mirros2Kitchen spoons20 Mattresses1Bed tray20 Box Springs1Ice Cream scoop3 Sofas1Grater5 Chairs2Tongs2 End tablesIFruit squeezer2 Living Room Lamps7 ,Syrup jar tops6 Dinette TablesISoap holder24 Dinette Chairs1Kitchen fork14 Rockers14-slice toaster20 Bedside Lamps2Dish baskets2 doz mattress covers13Vegetable bowls6 Smoking stands1Mop bucket with squeezer24 Bed pillows1Dinette Table24 Pillow covers6Dinette Chairs22 pr Bedroom drapes3dz 9 plates10 pr Sunroom drapes3dz cups2 pr Living room drapes3dz saucers6 pr Dining Room cafe curtains3dz 6-341, plates7 sheer door curtains3dz 4-5811 fruit dishes12 straw bottom rockers3dz, grapefuit bowls1 Television set - Nathane8Plastic pitchersI Piano3dz knives1 Piano Bench3dz teaspoons74 Bath towels3dz forks136 Wash Cloths3dz soup spoons116 Sheets210 fry pans112 Pillow Cases­210 Griddles121 White Bedspreads-9Stock pots with Lids4 Laundry-Bags6Stainless Steel pie pans23 Matress pads112 x 20 x 2 Stainless pan67 Draw sheets28 qt mixing bowl20 Colored Bedspreads622 qt plastic containers13 Soup Spoons1S S Urn Cup1 Double Boiler2Steak Turners4 pans110 Chefs Knife1 Hotpoint Drop-in Range with ovenICook fork1 Hotpoint Oven Unit110 Slicer3 Refrigerators1Paring Knife2 Wood top Kitchen Work tables with115-12 Sq Pressure Cooker1 Utensil Rack3dz juice glasses2 Ldundxy Carts34z Iced tea glasses3 Hospital Beds1dz salt - pepper2 Walkers1Thermalink Booster2 Pr Crutches1Can opener53 Blankets3Muffin pans1 Hair Dryer1Spaghetti StrainerI Stretcher1Silver Bin2 Wheel Chairs1Plastic Silver basket-1 Thermometer868-drawer chestsVinegar Cruets46MirrorsCookie-Sheets4Dish racksSauce pans with covers3Urinals2 Plastic Dish boxes2Bed pans1, Kitchen spoon11Chair with attachmentSlotted kitchen spoon6Butcher Knivesfor washing hairS S Creamers1 101, Strainer30water glasses1 Hamilton Beach Mixer1cutting boardI dz Dripcut Glass21LadelsFood slicer1 Flour DipperColander12Stored InventorI1SpatulaGlass Brush26Television sets Unrepairable2frying pans with lids1scarvesUnivexx Food Mixer with attachments31pots 2 with lidsStrainer2Dish Racks 2 Baskets1Pitcher66Sugar Dishes1Aluminum BasinGilbertCreamers2Butcher Knives35