August 14, 1973 - 8:00 PM - County Board of Commissioners Meeting Minutes (Recessed)

August 14, 1973 - Recessed1 6Fit width503August 14, 1973The Johnston County Board of Commissioners met in special session in the Commissioners- Roomof the Johnston County Courthouse, Tuesday, August 14, 1973, at 8 oclock pm, with the followingmembers presentNorman C Denning, Chairman, FrankB Holding, Freddie Adams, Howard Benton and Hoyt CastleberryCommissioner Hoyt Castleberry opened the meeting with prayerThe following business was transacted1 Opening of Bids Landfill EquipmentPursuant to an order of the Board of County Commissioners and after due, advertisement thefollowing bids were received and opened for two 2 truck chassis for front -end loading compaction body38 cu yd and a minimum of 6,000 lb arms, two 2 38 cu yd bodies and four hundred 400 garbagecontainers of 4, 6 and 8 cu yds, a landfill, compactor, two 2 landfill crawler track -type loadersand a 40 ft by 80 ft metal type buildingCompaction Body, Chassis and Containers1 Simpson Equipment Corporation, P 0 Box 1020, Wilson, North Carolinaa Item # 1 Body E -Z Pack Model FL 60 -35 197445 days delivery FOB Smithfield 13960200b Item # 2 Chassis Ford Model CT -8000 Diesel 197460 days delivery - Manual Transmission 5 speed and 3speed rear 18956500Automatic Transmission 19976500c Item # 3 - Refuse ContainersFOBSfld Del To Site4 cu yd 275 25064 ea 25284 ea6 cu yd 75 30839 311398 cu yd 50 36152 36452Mfg E -Z Pack - delivery date with Mother truck - Bid Bond 5 - Net on delivery504August 14, 1973 Cont2Sanco Corporation, P 0 Box 208, Winston Salem, North CarolinaaItem # 1 - Body Dempster Dumpmaster FOB Sfld 1396200045 days deliverybItem # 2 - Chassis 6064 -06 White Motors23967936Two 2 weeks deliveryAlternate Model CT -8000 - Ford Motor Company17968261FOB Knoxville, TennesseeDelivery date on or before November 15, 1973dcItem # 3 - Refuse Containers_ FOB S -f IdDel To Site4 cuyd 275 Mfg Dempster 23920 ea 25120 ea6 cu yd 75 Bros, Inc 28520297208 cu yd 50 60 days delivery 35420366203Roach - Russell, Incorporated, P 0 Box 990, Concord, North CarolinaaItem # 1 - No Bid BodybItem # 2 - No Bid ChassiscItem # 3 - Refuse ContainersF OB SfldDel To Site4 cu yd 275 45 - 60 days 26600 ea 27100 ea6 cu yd 75 delivery 34580351008 cu yd 50 Cash discount 42560431005 - 10 daysi4LMEnvironmental Sales, Inc P 0 Box 6252, Greenville, S CaItem # 1 - No Bid BodyibItem # 2 - No Bid ChassiscItem # 3 - Refuse ContainersFOB Sfld4 cu yd 275 45 - 60 days 22950„ ea6 cu yd 75 delivery 286008 cu yd 50 Net 30 days after del 33200aLandfillCompactor and Two 0 Crawler Tractor Loaders1North Carolina Equipment Company, P 0 Box 431, Raleigh, NorthCarolinaBidBond Cheek 8,71500aInternational H -90E Landfill Compactor 120 -150 days del 81,63400bCrawler Track -Type Loader175C Loader 30 -45 days del37,315400cCrawler Track -Type Loaddr250C Loader 45 -60 days del49,30000dN C State Sales Tax5904747Total 173929647Offer each on an individual basis, if desired2Sparatan Equipment Company, 3331 Asbury Avenue, P 0 Box 5605,Charlotte, N GiBidBond 5 Hyster Model C -441A Landfill Compactor 50, 6950015 - 30 days delivery3R W Moore Equipment Company, Inc, P o Box 25068, Raleigh, North CarolinaBidBond John Deere JD646 Compactor 34997500Taxes1,04925Total 36,024254Gregory Poole Equipment Com an Y? P 0 Box 469, Raleigh, North CarolinaBidBond - 30 - 60 Days DeliveryYaCaterpillar 816 Landfill Compactor 49968300ab955L Caterpillar Track -Type Loader 130HP40,48100c977L Caterpillar Track -Type Loader 190HP58,39600dN C State Sales Tax4945680jBondTotal30600 153,32280505August 14, 1973Cont5 E F Craven Company, P 0 Box 20807, Greensboro, North CarolinaBid Bonda Rex Model 3 -30 Trash Master Compactor 51926900b Allis Chalmer Model 7GB Crawler Loader 33,89000c Allis Chalmer Model 12GB Crawler Loader 49967500d N C State Sales Tax 4904502Total 138987902Net Cash 30 Days from date of shipment - Delivery 30 to 45 daysRex 45 - 60 days2 Metal Building at Landfill BidsThe Board of Commissioners received only one 1 bid marked Building - Johnston County LandfillSite therefore, this bid was not opened and returned to bidder3 Bid DiscussionAfter review and discussion of the above bids for landfill equipment, Commissioner Frank BHolding moved that the landfill manager and the Clerk be instructed to re- advertise for two 2 truckchassis for front -end loading compaction bodies 30 cu6yd with alternates of 34 cu yd and 38 cu ydand a minimum of 6,000 lb arms and two 2 30 cu yd bodies with alternates of 34 cu yd and 38 cuyd and a 40 ft by 80 ft metal type building with cement floor, office, baths and storage area,electrical service,- plumbing and heatingIIThese bids to be opened at 3 oclock pm, Tuesday, September 4, 1973, in the Johnston CountyCourthouse, Smithfield, North Carolina4 Clayton - Water ProblemMayor Rud6tph Allen of Clayton appeared before the Board of Commissioners and advised that theTown of Clayton had a water problem in trying to find enough water to supply Cutter Laboratories MayorAllen stated that they had dug two 2 deep wells at a cost of 5,000 and both wells had failed toyield and they will have to dig at least two more wells Mayor Allen stated that he came requestingfinancial assistance with this problem in asking that the County finance the Town of Claytons share20,000 of the water line being constructed from the Town of Clayton to Cutter Laboratories MayorAllen further stated if the County could see fit to relieve the Town of Clayton of this obligation,maybe they could bear the cost of the additional wellsThe Board discussed this matter at length with Mayor Allen, but took no official action at thistimeThe Board did, ?Vwaffgr, by motion of Commissioner Frank B Holding authorize Ragsdale Engineersto work with the local ire c ief and the County Fire Marshall in placement and cost of fire hydrantsto be located on the Cutter line and report back to the BoardCommissioner Hoyt Castleberry seconded the motion which was carried5 Additional Sanitary Sewer Line to York BuildingCommissioner Freddie Adams moved that Ragsdale Engineers be authorized to advertise for bidsfor an additional sewer line gravity flow line to serve the York building at the Clayton IndustrialSite These bids to be-opened Tuesday, September 4, 1973, at 4 oclock pm Mr Ragsdale explainedthat this line was not included in original contract at ClaytonCommissioner Howard Benton seconded the motion which was carried unanimously6 Appointment to Johnston County Jury CommissionCommissioner Freddie Adams moved that Mr A R McRacken of Kenly, N C, be re- appointed to theJohnston County Jury Commission for a term of two 2 years, this term to expire September 1, 1975-- Commissioner Hoyt Castleberry seconded the motion which was carried unanimously7 Paul Keller - Johnston County Community ActionPaul Keller, Director, Johnston County Community Action, appeared before the Board and advisedthat the station wagon that they used to transport patients to clinics mostly out-of-county clinicswas completely worn outAfter discussion the Board asked Mr Keller to check with the State and Federal Surplus PropertyAgency to see what they have available and report back to the Board at a later dates0 6August 14, 1973 Cont8 County Executes Contract and Agreement on Real Estate - Dr V A Davidian Property Old HospitalCommissioner Howard Benton moved to accept the deed Dr V A Davidian PropertyOld HospitalProperty and authorize Norman C Denning, Chairman to execute the legal contract and agreement on realestate Johnston County Holding Company, Inc, and Dr Mrs V A Davidian on behalf of the Countyof JohnstonCommissioner Bentonfurther ~°moved,that W H,Britt, Auditor, be authorized to disburse the firstpayment of 40,000 to Dr Davidian at this timeICommissioner Freddie Adams seconded the motion which was carried unanimouslyCONTRACT AND AGREEMENT ON REAL ESTATESTATE OF NORTH CAROLINACOUNTY OF JOHNSTONTHIS CONTRACT AND AGREEMENT, made and entered into this the 9th day of August, 1973, by andbetween Johnston County Holding Company, Inc, successors of the Johnston County Hospital, Inc asrecorded in Corporation Book 4, page 333, in the office of the Johnston County Register of Deeds, acorporation organized and existing under the laws of the State of North Carolina with its principaloffice in the Town of Smithf field, ,Johns ton County, State of North Carolina, party of the first part;and the County of Johnston, a municipal corporation and a political subdivision of the-State of NorthCarolina, party of the second part;W I T N E S S E T HThat for and in consideration of the sum of ONE 100 Dollar to it in hand paid, the receiptof which is hereby acknowledged, said party of the first part does hereby give and grant unto saidparty of the second part the right and option to purchase from said party of the first part a certaintract or parcel of land lying and being in the Town of Smithfield, Johnston County, State of NorthCarolina, and more particularly described as followsLots Nos 1, 2, 3, 4, 5, 6, and 7; Lots Nos 14, 15, 16, 17, and 18, and lot fronting 321-2 feeton North Street and running back 221 feet and being the remaining portion of Lot No 13;The above lots are shown on a map of the F H,Brooks property as recorded in Book G- 12,,page300, Johnston County RegistryK,See deeds recorded in Book 171, page 36; Book 410, page 492; Book 600, page 378; Book 150,page 593; and Book 325, page 147,, Johnston County Registry;On the above described property is located the old Johnston County Hospital, and anotherdwelling house presently used as rental propertyThe party of the first part is also conveying all its right, title and interest in a 10 -footalley that extends from North Seventh Street to EighthStreet, or U S Highway No 301;The terms and conditions of this Contract and Agreement are as follows1 That the party of the second part is to take immediate possession of this property upon theexecution of this Contract and Agreement Subject to certain conditions as set forth below in ParagraphThree and Four;2 That the party of the second, part is to pay to the party of the first part the sum of OneHundred,Sixty Five Thousand 165,00000 Dollars in the following manner The sum of Forty SevenThousand,Eight Hundred, Fifty 47,85000 Dollars to be paid in the year 1974; the sum of FiftyEight Thousand, Five Hundred, Seventy Five 58,57500 Dollars is to be paid in the year 1975;, andthe balance, or the sum of Fifty Eight Thousand, Five Hundred, Seventy Five 58,575 00 Dollars is tobe paid in the year of 1976; said deferred payments to bear interest at the rate of six 6, per cent3 It is agreed between the parties that Dr,V A Davidian, Sr, may continue to occupy hisquarters in the old Johnston County Hospital Building until January 1, 1974, but it is also agreed thatthe party of the second part may immediately enter into possession of said building for the purpose ofremodeling the portion of the old Johnston County Hospital Building not being used by Dr V, A Davidian,Sr,4 It is agreed between the parties that the party of the second part will be entitled to andshall receive the rents from the residence on the following property to wit a frame dwelling, facingNorth Street which is presently being rented for the sum of Forty Five 4500 Dollars per month, saiddwelling facing North Street being subject to an unrecorded three year lease dated May 1, 1972, enteredinto between Horace L Lancaster and wife, Cathie G Lancaster and Dr V A Davidian, Sr,5 Upon the payment of the sum of One Hundred, Sixty Five Thousand 165,00000 Dollars infull plus the interest of six 6 per cent as set forth above in Paragraph Two, the party of the firstpart will make, execute and deliver to said party of the second part a good and sufficient deed-for saidland in fee simple writh general warranty and free from all encumbrances, subject however to all buildingrestrictions, easements, and zoning ordinances of record; that at the time the part of the second parttakes possession of said property, even though Dr V A Davidian has not vacated his personal quarters,the party of the second part will pay the insurance on said buildings and the taxes for the year 1973will be prorated between the parties507August 14, 1973 ContIN TESTIMONY WHEREOF, said parties have executed this Contract and Agreement in duplicateoriginals, one of which is retained by each of the parties, the day and year first above writtenJOHNSTON COUNTY HOLDING COMPANY, INCBy V A Davidian, Jr SEALDr V A Davidian, Jr, PresidentATTEST r By Dr V A Davidian, SrDr V A Davidian, Sr, SecretaryParty of the First PartCOUNTY OF JOHNSTONBy Norman C Denning SEALNorman Denning, Chairman of the Boardof Commissioners of Johnston CountyATTESTBy Eleanor N CreechSecretaryParty of the Second PartSTATE OF NORTH CAROLINACOUNTY OF JOHNSTONThis 13th day of August, 1973, personally came before me_ Patricia B Mc Keel, Notary Public forsaid County, Dr V A Davidian, Sr who being by me duly sworn says that he knows the common seal ofthe Johnston County Holding Company, Inc and is acquainted with Dr V A Davidian, Jr who is thepresident and presiding member of said Corporation, and that he the said Dr V A Davidian, Sr is theSecretary of the said Corporation and saw the said President sign the foregoing instrument and saw thesaid common seal of said Corporation affixed to said instrument by said President and that he, the saidDr V A Davidian, Sr signed his name in attestation of the execution of said instrument in thepresence of said President of said CorporationPatricia B Mc Keel SEALNOTARY PUBLICMy Commission ExpiresOctober 6, 1975STATE OF NORTH CAROLINACOUNTY OF JOHNSTON,This 14th day of August, 1973, personally came before me Will R Crocker, Asst CSC, for saidCounty, Eleanor N Creech, who being by me duly sworn says that she knows the common seal of theCounty of Johnston and is acquainted with Norman Denning who is the Chairman of the Board of JohnstonCounty Commissioners and is the presiding member of said Corporation, and that she the said Eleanor NCreech is the Secretary of said Corporation and saw the said Chairman sign the foregoing instrumentand saw the common seal of said corporation affixed to,said instrument by saidChairman and that she,the said Eleanor N Creech signed her name in attestation of the execution of said instrument in thepresence of said Chairman of said CorporationWill R Crocker SEALAssistant, Clerk of Superior CourtJohnston County, Smithfield, NorthCarolinaReference Warranty Deed recorded in the office of the Register of Deeds of Johnston County, NorthCarolina, in Book 758 Page, 41, this 15th day of August, 19739 Unencumbered Surplus Appropriated to General Welfare Fund- Purchase of Davidian PropertyCommissioner Freddie Adams moved that the General Welfare Fund Budget be amended by appropriate409000 of unencumbered surplus to be appropriated for,the purpose of the purchase of the Dr V ADavidian property to be used by the Department of Social ServicesCommissioner Hoyt Castleberry seconded the motion which was carried unanimouslyUpon a motion by Commissioner Frank B Holding duly seconded by-Commissioner Freddie Adamsand carried, the Board recessed to meet again Tuesday, August 21, 1973, at 8 oclock pm7 Norman C Denning, ChairmanEleanor NCreech, 1 k