1975-06-23 Special Meeting
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227
MINUTES OF REGULAR MEETING, JUNE 16, 1975 (CONTINUED)
MOTION RE TAX ADMINISTRATOR POWE~L
Comm. Wright moved that Ta~ Administrator Powell be notified that he would
not be reappointed when his terrri as Tax Administrator expired. Motion died for
lack of a second. ~
APPROVAL OF CONTRACT - OTIS ELEVATOR
Upon motion by Chm. Davis, seconded by Comm. Alper, the contract with otis
Elevator Company for maintenance of two (2) Otis Collective Passenger Elevators
in the New Hanover County Administration Building located at 4th and Chestnut
Streets at a cost of $395.20 per month was unanimously approved and the Chairman
was authorized to execute the contract on behalf of the County.
EXECUTIVE SESSION
Comm. Wright moved, seconded by Comm. Alper, that the meeting be recessed to
executive session to discuss personnel and committee, appointments. Upon vote,
motion carried unanimously.
Chm. Davis recessed the meeting to executive session at 12:40 p.m.
Chm. Davis reconvened the meeting at 1:00 p.m.
APPOINTMENT OF JUNE JONES TO CAPE FEAR TECH BOARD
Upon motion by Comm. Wright, seconded by Comm. Taylor, Mrs. June Hughes Jones
was unanimously appointed to the Cape Fear Technical Institute Board of Trustees
for an eight-year term to expire June 30, 1983, subject to her acceptance of this
appointment.
ADJOURNMENT
Comm. Alper moved, seconded by Comm. Wright, that the meeting be adjourned.
Upon vote, motion carried unanimously.
Chm. Davis adjourned the meeting at 1:05 o'clock p.m.
Respectfully submitted,
c:4~,-f! J!~f(
(Mrs.) Lise K. Kin;-~
Clerk to the Board
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MINUTES OF SPECIAL MEETING, JUNE 23, 1975
ASSEMBLY
The New Hanover Board of County Commissioners met in special session on
Monday, June 23, 1975, at 11:00 o'clock a.m. in the Assembly Room, County Com-
mission Building, Wilmington, North Carolina, with regard to the following:
(1) Award of contract for construction of first pha~;e of Jail/Law Enforcement
Center; (2) Amendment to School Bond Fund Expense; (3) Resolution of Appreciation -
Energy Task Force; (4) Transfer of Funds - Civil Preparedness; (5) Budget Transfer -
Tax Department; (6) Late listing penalties; (7) Pre--Trial Release Program;
(8) Transfers of Funds - Buildings and Grounds; and (9) Executive Session - Land
Acquisition.
Members present were Commissioners George E. Alper; Claud O'Shields, Jr.;
William C. Taylor; Vivian S. Wright; Chairman Peter R. Davis; County Attorney,
James C. Fox; County Manager, Dan W. Eller; and Clel:k to the Board, Lise K. King.
No members were absent.
Chm. Davis called the meeting to order.
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MINUTES OF SPECIAL MEETING, JUNE 23, 1975 (CONTINUED)
AWARD OF CONTRACT - FIRST PHASE OF JAIL/LAW ENFORCEMENT CENTER & TRANSFER OF FUNDS
Mr. Herbert P. McKim of Ballard, McKim & Sawyer/Hartman-Cox, Associated Archi-
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tects, presented the following bids which had been received on June 19, 1975, for
the first phase of the Jail/Law Enforcement Center.
D. R. Allen & Son, Inc.
Dargan Construction Co.
Davidson & Jones
Godwin Construction Co.
Miller Building Co.
Luther T. Rogers, Inc.
R. N. Rouse and Co.
J. M. Thompson Co.
Base Bid
$ 953,321
1,100,000
809,000
1,074,000
1,042,000
1,055,530
976,000
910,000
Demolition
Health Dept. Bldg.
$ 4,500
5,800
3,300
4,000
8,100
4,500
11,000
12,000
Total Bid
$ 957,821
1,105,800
812,300
1,078,000
1,050,100
1,060,030
987,000
922,000
f)
Upon motion by Comm. O'Shields, seconded by Comm. Taylor, the construction
contract for the first phase of the Jail/Law Enforcement Center was unanimously
awarded to the low bidder, Davidson & Jones, in the total amount of $812,300, which
included the demolition of the old Health Department Building located at 21 North
Fourth Street.
Upon motion by Comm. Taylor, seconded by Comm. Alper, the sum of $812,300 was
unanimously transferred from Contracted Services, Account #63 520 46, to Capital
Outlay - Buildings, Account #63 520 72, in the Courthouse and Jail Construction
Fund to cover the cost of this contract.
APPROVAL OF CHANGE IN SCHOOL BOND FUND EXPENSE
Mr. Dale K. Spencer, Associate Superintendent of County Schools, appeared
before the Board to request that the Commissioners approve a change in the School
Bond Fund Expense from hooking onto a community water system for Ogden School to
the construction of a deep, well to serve Ogden School, which he stated would cost
approximately $6,000.
Comm. 0' Shields moved, seconded by Comm. Alper, that. this request be approved.
Upon vote, motion carried as follows:
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Voting Aye: Comm. Alper, O'Shields, Taylor, and ChID.. Davis.
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Voting Noe: Comm. Wright.
RESOLUTION OF APPRECIATION - CHAMBER OF COMMERCE ENERGY 'I'ASK FORCE
Upon motion by Comm. O'Shields, seconded by Comm. Taylor, the Board unani-
mously adopted a resolution of appreciation to the Greater Wilmington Chamber of
Commerce Energy Task Force. A copy of this resolution is contained in Exhibit
Book III, Page 13.
TRANSFER OF FUNDS - CIVIL PREPAREDNESS
Upon motion by Comm. O'Shields, seconded by Chm. Davis, the sum of $216 was
unanimously transferred from Equipment Maintenance, Account #11 525 16, to Capital
Outlay - Equipment, Account #11 525 74, in the Civil Preparedness Budget to provide
for the replacement of a tube-type transceiver with a solid state transceiver.
TRANSFER OF FUNDS - TAX DEPARTMENT
Upon motion by Comm. Alper, seconded by Comm. O'Shie1ds, the sum of $800 was
unanimously transferred from Account #11 450 27, Advertising, to Account #11 450 33,
Supplies & Materials, in the Tax Department Budget for the purpose of purchasing
IBM punch cards and other routine office supplies to complete the fiscal year.
f)
DEFERRAL OF LATE LISTING PENALTIES
Tax Administrator Powell had previously presented to the Board a list of
taxpayers to whom abstracts had been mailed late and, aldo, requests from taxpayers
requesting removal of listing penalties for various reascns.
By common consent, this item was deferred for the Tax Administrator to make
a recommendation with regard to these requests.
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229
MINUTES OF SPECIAL MEETING, JUNE 23, 1975 (CONTINUED}
DISCUSSION OF TAX DEPARTMENT
Comm. Wright reported the f<i,llowing information to the Board which, she
stated, she felt should be brougnt to their attention. That a Mr. R. E. Julian's
valuation had been changed effective April 28, 1975; that the computer listing
in the Tax Office through April, 1975, showed this cllange in valuation; but that
this change in valuation had not been approved by th!~ Board of Equalization and
Review until June 2, 1975. She stated further that the reason for the change
was listed as a Cole-Layer-Trumbl.e change but that the property card had the no-
'. tation, "No change. CLT. 3/5/75." She stated that, ::dnce the Board had not
act~d on this change until June 2, 1975, she thought.the no~i:e of change in val-
uatlon had been mailed out illegally. (See page 235 for add~t~on.)
Tax Administrator Larry Powell stated that this was a Cole-Layer-Trumble
change not from the informal hearing but because Cole-Layer-Trumble had changed
all swampland to $75 an acre; that the notices of these swampland changes had
been prepared in advance by Cole-Layer-Trumble personnel so that the Tax Depart-
ment staff would not have to handle them; that these notices of changes were not
mailed out until after they had been approved by the Board but that, as they were
human, it was possible that, out of 13,000 changes, one had been mailed out in
error; and, also, that there was a procedure built into the computer to back these
swampland changes out of the computer if they were not approved by the Board.
No action was taken by the Commission on this matter.
DISCUSSION OF PRE-TRIAL RELEASE PROGRAM
Mr. Mike Glancy appeared before the Board along with Sheriff Grohman and
District Attorney Cobb to discuss the pre-trial release program which had been
instituted in Cumberland and Mecklenburg Counties. He presented the LEAA Grant
Application that had been filed by Cumberland County for this purpose and requested
that the Commissioners file an LEAA Grant Application for a pre-trial release pro-
gram for New Hanover County. (See page 235 for addii';ion.)
Comm. O'Shields moved, seconded by Comm. Alper, that this discussion be tabled
. until Mr. Glancy could come back to the Board with a definite proposal designed for
New Hanover County. Upon vote, tabling motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Tay104 and Wright.
Absent: Chm. Davis. (Temporarily absent from meeting.)
TRANSFER OF FUNDS - BUILDINGS AND GROUNDS
Comm. Alper moved, seconded by Comm. Taylor, that the sum of $2,500 be trans-
ferred from Contingencies, Account #11 445 61, to Maintenance & Repair - Buildings
& Grounds, Account #11 505 15, in the Buildings and Grounds Budget to provide for
the replacement of a compressor on the air conditioning system in the New Hanover
County Administration Building. Upon vote, motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor, and wright.
Absent: Chm. Davis. (Temporarily absent from meeting.)
TRANSFER OF FUNDS - BUILDINGS AND GROUNDS
Comm. Alper moved, seconded by Comm. Taylor, that the sum of $1,175 be trans-
ferred from Salaries & Wages, Account #11 505 02, to Maintenance & Repair -
Buildings & Grounds, Account #11 505 15, in the Buildings and Grounds Budget to
cover the expenditure authorized by the Commissioners for providing additional
plumbing and lighting work in the jail. Upon vote, motion carried as follows:
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Voting Aye: Comm. Alper, O'Shields, and Taylor.
Voting Noe: Comm. Wright.
Absent:
Chm. Davis.
(Temporarily absent from meeting.)
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MINUTES OF SPECIAL MEETING, JUNE 23, 1975 (CONTINUED)
VERBATIM TRANSCRIPTS - BOARD OF EQUALIZATION & REVIEW MEETINGS
Tax Administrator Powell had received a request that the Tax Department furnish
a verbatim transcript of a taxpayer's hearing before the Board.of Equalization and
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Review. He had requested direction from the Board in'this regard.
In discussion, it was determined that the taxpaYE~r in question was agreeable
to receiving this transcript at his expense and would send someone to take the
transcript from the tape recording of the meeting.
f)
Comm. 0' Shields moved that this taxpayer be allm-Ted to do so and that the
policy, as adopted, be expanded to state that, in the!future, the taxpayer would
record the hearing at the time of the hearing or bring a stenographer to. take the
transcript down. Motion died for lack of a second. I
Chm. Davis moved that this item be tabled until the special meeting of the
Board of Equalization and Review to be held Monday, J~ne 30, 1975. Upon vote,
tabling motion was defeated as follows:
voting Aye: Comm. Alper and Cllm. Davis.
Voting Noe: Comm. O'Shields, Taylor, and Wright.
Comm. O'Shields moved, seconded by Comm. Wright, that this taxpayer be allowed
to record his hearing from the tape recording at his own expense; that an agreeable
time be worked out with the Tax Department; that Tax Administrator Powell be informed
of this decision; and that this item be put on the Board of Equalization and Review
agenda for Monday, June 30, 1975, for clarification.
Chm. Davis offered the substitute motion, seconded by Comm. Alper, that there
be a transcript fee of $4 (four dollars) for each individual case to cover the
employee's time in finding the tape and bringing it to the person who would trans-
scribe it on his own equipment. Upon vote, substitute motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, and Chm. Davis.
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Voting Noe: Comm. Taylor and Wright.
Comm. Wright stated that she was voting against tpis motion because she felt
that $4 was entirely too much money to be charged for ~his purpose.
EXECUTIVE SESSION
Comm. Wright moved, seconded by Comm. Taylor, that the meeting be recessed
to executive session to discuss lawyer/client relations and land acquisition.
Upon vote, motion carried unanimously.
Chm. Davis recessed the meeting to executive session at 12:55 o'clock p.m.
Chm. Davis reconvened the meeting at 1:15 o'clock p.m.
SETTING MEETING OF BOARD OF E&R AND BUDGET HEARING
By common consent, the budget hearing scheduled for Monday, June 30, 1975,
at 8:00 o'clock a.m. was rescheduled to 8:30 o'clock a.m. in order to allow the
Board of Equalization and Review to meet at 8:00 o'cloc':k a.m.
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COUNTY TO REQUEST INVESTIGATION BY S.B.I.
Comm. 0' Shields moved, seconded by Comm. Taylor, t:hat the Board contact the
District Attorney, Allen W. Cobb, and ask him to reque~t the State Bureau of
Investigation to come in and investigate the charges w~ich had been levied against
the Cole-Layer-Trumble Company, the Tax Administrator, 'and the members of the Board
of Commissioners as a Board and as individuals and to i.ook into those charges
as filed against them in the suit which were more specifically as follows:
f)
Defendants Cole-Layer-Trumble Company and Larry J. Powell,
Tax Administrator, did willfully conspire for the purpose
of depriving, directly or indirectly, the plaintiffs of the
equal protection of the laws by making and accepting in bad
faith, arbitrary, capricious, discriminatory, and unequal
property evaluations, for the purpose of taxation, to the
detriment of some and the benefit of others, depending upon
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MINUTES OF SPECIAL MEETING, JUNE ;23, 1975 (CONTINUED;,
COUNTY TO
REQUEST INVESTIGATION BY S.B.I. (CONTINUED>
their individual influence or ability to e~cert political
pressure. The defendant County Commissioners, jointly
and severally, by failing to act in accordance with
their statutory responsibilities, as hereinbefore set
forth, did knowingly support and join in the conspiracy
and further the said conspiracy by acquiescing in the
unlawful purposes of the conspiracy and thf~ otherwise
lawful responsibilities unlawfully carried out by Cole-
Layer-Trumble Company and the Tax Administ:cator, all in
violation of 42 U.S.C., Section 1985(3).
Comm. Wright requested that the foregoing motio':l be amended to include the
following: That the State Bureau of Investigation b~ requested to investigate
the actions of the Tax Supervisor in that she had pr'~sented certain information
to the Board which the Board had not acted on and that she thought that should
be investigated as well as the following: (1) abatements and refunds which had
been issued for the last few years since he (Larry J. Powell) had been Tax
Supervisor to see if they were as they were reported to be; (2) the lists which
were brought to the Board which the Board had rubberstamped should be investi-
gated to see what dates they were approved on in line with what she had presented
to the Board that morning--clear'proof that the man had the change, clear proof
that there was no legal authority for Mr. Powell to send it out at the time he
had, clear proof that the change was already reflect~d on the computer list which
was updated before the Board had ever seen it or acted on it.
Comm. O'Shields refused to amend his motio~ and it was adopted as originally
presented by the following vote.
Voting Aye: Comm. Alper, O'Shields, Taylor, and Cllm. Davis.
Voting Noe: Comm. Wright."
COMM. WRIGHT LEAVES MEETING
Comm. Wright left the meeting and was absent for the remainder of the meeting.
ADOPTION OF RESOLUTION - FEDERAL HOME LOAN BANK WEEK
Comm. Taylor moved, seconded by Comm. O'Shields, that the Board adopt a
resolution proclaiming the week of June 23, 1975, Federal Home Loan Bank Week.
Upon vote, motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor, and Chm. Davis.
Absent: Comm. wright.
This resolution is contained in Exhibit Book III, Page 14.
ADJOURNMENT
Comm. Alper moved, seconded by Comm. O'Shields, that the meeting be adjourned.
Upon vote, motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor, and Chm. Davis.
Absent: Comm. Wright.
Chm. Davis adjourned the meeting at 1:25 o'clock p.m.
Respectfully submitted,
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~Mrs.~~~~. Kin~J
Clerk to the Board
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