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HomeMy WebLinkAboutMinutes - 19740722" ~ 398 commissioner Richard E. Whiffed stated that he agreed with Commissioner Flora Garrett and that he would like £or the County Attorney to review the questions. Further discussion ensued between Mr. Wallace, Mayor Lee and Members of the Board. Commissioner Flora Garrett moved to amend her original motion by specifi- cally that the answer to these questions be presented no later than July 22nd to the Consumers Utility Corporation. Commissioner Richard E. Whitted agreed to this amendment. The Chairman called for a vote on the motion and the amended motion. All members voted aye. Chairman Walker then declared the motion passed. Mayor Lee requested that the Towns of Chapel Hill and Carrboro be allowed to submit question four (4) to the Attorney General themselves. The Board agreed to Mayor Lee's request. There being no further business to come before the Board the meeting was adjourned. ~ C. Norman Walker, Chairman Betty June Hayes, Clerk Approved MINUTES OF THE ORANGE COUNTY BOARD OF' COMMISSIONERS July 22, 1974 The Board of Commissioners of Orange County met on Monday, July 22, 1974, at 8 P.M. in the Commissioners Room of the Courthouse in Hillsborough, North Carolina. Members Present: Chairman C. Norman Walker, and Commissioners Henry 5. Walker, Flora Garrett, Richard E. Whitted, and Melvin Whitfield. Members Absent: None. Chairman Walker announced that this was a continuation of a special meeting that had been called for Friday, July 12, 1974, at the request of James C. Wallace of Chapel Hill. Chairman Walker inquired if anyone was present to speak in behalf •of the Consumer Utility Corporation. Na one appeared. S. M. Gatos, County Administrator, presented the following Memorandum: "MEMORANDUM OF A TELEPHONE CONVERSATION HELD BETWEEN HONORAHL£ JOE TALLEY, REPRESENTING CONSUMERS UTILITIES ANI] MYSELF, JULY 22, 1974. Sohn McKee contacted Joe Talley dozing the past week advising him to expect a telephone call from Mr. Lucius Cheshire, Orange County Attorney, concerning several questions posed by Mr. James Wallace. Mr. McKee also called Mx. Cheshire and asked him to discuss these questions with Mr. Talley. Mr. Cheshire called Mr. Talley who was out of town at that time and subsequently wrote him concerning these questions. Mr .. Cheshire is out of town until Wednesday of this week. Mr. Talley advised me that the question raised by Mr. Wallace have previously been zaised as part of a seven page letter to the Church Commission which Mr. Talley's firm has answered. The Church Commission has transferred the entire file including these questions and their answer to the Utilities Commission for a hearing as required by the statute directing disposal of the University Utilities. A hearing on this file is expected in early August. At this hearing these questions as well as others will be fully explored. Consumers Utilities has in fact held conferences with Mr. Lake at I which these questions were discussed in the past few weeks. Mr. Talley is requesting the Board of Commissioners not to submit these questions to the Attorney Generals Office at this time since they are questions taken out of context from a much larger question that will be fully explored before the Utilities Commission in early August. In the meantime he and Mr. Cheshire will be able to meet and prepare a formal response to the questions Mr. Wallace has raised. It is ASz. Talley's intention to respond to you concerning these questions before the Utilities Commission hearing." 399 Mr. Wallace stated that he had raised the questions primarily for the protection of the Board and that he felt the Hoard should proceed to secure answers to the questions that he presented to them on July 12th. He then proceeded to discuss the legal technicalities involved as to the county's participation in the joint venture and the establishment of the Consumer Utility Corporation. Discussion ensued between Joe Nassif, George Hogan, Bill Ray, and Members of the Haaxd. Mr. Wallace then requested permission to add Part B to question five (S). Part B read as follows: "Is the Consumer Utilities Corporation, as now organized, qualified or has it already qualified under the Internal Revenue code to-issue bonds; the interest on which is exempt from the Federal Income Tax? ~~ ~ Commissioner Melvin Whitfield stated that he felt the County needed to look _ after the matter of whether the County is legal in what we are doing. Commissioner Henry 5. Walker stated that he felt to secure a ruling from the Attorney General's Office might strengthen the position of the county. • Commissioner Flora Garrett stated that she felt some misunderstanding about the meeting had arisen as the firm of Tally, Tally & Bouknight did intend to reply to the questions submitted by the Board. Discussion ensued. Mr. Wallace stated that he was again requesting the Board to take action on his previous request to seek an opinion from the Attorney General's Office on the five (5) questions That he presented to the Board on Friday, July 12, 1974. Commissioner Flora Garrett stated that she feels that the action of the Hoard is perfectly legal from the data that she ahs in her files. Further discussion ensued. Upon motion of Commissioner Melvin Whitfield, seconded by Commissioner Henry S. Walker, it was moved, that the Board sent particularly the first four (Q) question to the Attorney General's Office fox an answer as soon as possible and to freeze the County money that had been allocated to 'the Consumer Utilities Corporation until an answer is received from the Attorney General's Office. Commissionex Melvin Whitfield amended his original motion to include that question:#5 as presented by Mr. Wallace on July 12 be included with the other questions that are to be submitted to the Attorney General's Office. Commissioner Henry S. Walker agreed to the amendment to Commissioner Melvin Whitfield's original motion. Chairman Walker Called for a vote on the motion. Commissioners Norman Walker, i Henry S. Walker and Melvin Whitfield voted aye. Commissionexs_.Flora ~arxett and Richard E. Whitted voted nay. Chairman Walker then declared the motion passed. Thexe being no furthex business to come before the Board the meeting was adjourned. ~~~ C. Norman Walker, Chairman Betty June Hayes, Clerk Approved