BC 1993 04 05 - Laserfiche WebLink

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251 (3) Authorize the County Manager to attempt to reach agreement on future assessments of Philip Morris personal property using the same approach as that which formed the basis of this settlement; namely, the American Appraisal approach less capitalized interest, less economic depreciation, and including approximately 74 percent of indirect costs. Mr. Witherspoon briefly discussed his April 5th memorandum. He noted that the action outlined in the memorandum was the first step in the process to resolve the Philip Morris tax dispute. Commissioner Payne called the question. However, he failed to receive the required majority with Commissioners Casper and Payne and Chairman Carpenter voting for and Commissioners Fennel and Barnhart voting against. Commissioner Fennel presented for discussion a draft copy of the North Carolina Association of County Commissioners and North Carolina League of Municipalities Amicus Curiae Brief to be filed with the North Carolina Supreme Court relative to the Philip Morris tax case. He also discussed the laws governing the ad valorem tax system and the issue of real property in the Philip Morris tax dispute. UPON MOTION of Chairman Carpenter, seconded by Commissioner Fennel and unanimously carried, the Board moved to amend the previous motion by Commissioner Payne to include the stipulation that any documents in the settlement with Philip Morris shall come back to the Board for approval. UPON MOTION of Commissioner Fennel, seconded by Commissioner Barnhart and unanimously carried, the Board moved to amend the previous motion by Commissioner Payne to direct the County Manager to seek to resolve the real property issue along with the personal property issue in the settlement with Philip Morris. However, if the real property issue cannot be resolved, the County Manager will come back to the Board with the personal property settlement proposal. UPON MOTION of Commissioner Fennel, seconded by Commissioner Barnhart with Commissioners Fennel, Barnhart and Payne and Chairman Carpenter voting for and Commissioner Casper voting against, the Board voted to amend the previous motion by Commissioner Payne to request the tax attorneys involved in the case to address the issues raised by Commissioner Barnhart relative to the proposed settlement with Philip Morris before the matter comes back to the Board. The Board approved the following motion, as amended, by Commissioner Payne and seconded by Commissioner Casper with Commissioners Payne and Casper and Chairman Carpenter voting for and Commissioners Barnhart and Fennel voting against. Instruct the County Manager to proceed with the following action as listed on the final page of the April 5, 1993 memorandum from Mr. Witherspoon as quickly as possible. (1) (2) (3) (4) Approve in principle the proposed settlement as contained in this memorandum. Authorize the County Manager to execute appropriate final documents on the personal property issue consistent with the settlement proposed and outlined in this memorandum, with the stipulation that all documents in the proposed settlement with Philip Morris shall come back to the Board for approval. Authorize County Manager to attempt to reach agreement on future assessments of Philip Morris personal property using the same approach as that which formed the basis of this settlement; namely, the American Appraisal approach less capitalized interest, less economic depreciation, and including approximately 74 percent of indirect costs. Direct the County Manager to seek to resolve the real property issue along with the personal property issue in the proposed settlement with Philip Morris. However, if the real property issue cannot be resolved, the County Manager will come back to the Board with the personal property settlement proposal.