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04281982131 SPECIAL MEETING, AVERASBORO FIRE DISTRICT, APRIL 28, 1982 1 CALL TO ORDER PRAYER PURPOSE OF MEETING The Harnett County Board of Commissioners met in special session, as was duly advertised, in the Dunn Court Room, Dunn, North Carolina, with the following members present: Lloyd G. Stewart, Bill Shaw, Rudy Collins, and Chairman Jesse Alphin presiding. Vanessa W. Young, Clerk to the Board, and Edward H. McCormick, County Attorney, were also present. Commissioner M. H. Brock was absent. Chairman Jesse Alphin called the meeting to order at 8 p.m. Carlie C. McLamb led the evening prayer. Chairman Alphin explained to the group present that the purpose of the meeting tonight was to hold a public hearing concerning the creation of the Averasboro Fire Protection Service District; and to, after hearing the views of the citizens, consider the adoption of a resolution creating Averasboro Fire Protection Service District. AVERASBORO REPORT Edward H. McCormick, County Attorney, summarized to the group the SUMMARIZED Report on the Averasboro Fire Protection Service District, which was originally presented to the Board of Commissioners at its meeting of March 29, 1982. SPECIAL MEETING RECESSED PUBLIC HEARING OPENED PUBLIC HEARING CLOSED SPECIAL MEETING RECONVENED PUBLISHER'S AFFIDAVITE PRE- SENTED CERTIFICATION RESOLUTION DEFIN ING DISTRICT ADOPTED Chairman Jesse Alphin recessed the special meeting of the Harnett County Board of Commissioners. Chairman Jesse Alphin called to order the public hearing concerning the creation of the Averasboro Fire Protection District, and asked that anyone present who wished to speak pro or con to the creation of this District to please feel free to do so at this time. After everyone had an opportunity to speak concerning the creation of this district, Chairman Jesse Alphin closed the public hearing at 9:25 p.m. Chairman Jesse Alphin reconvened the special meeting of the Harnett County Board of Commissioners. Vanessa W. Young, Clerk to the Board, presented to the Commissioners the publisher's affidavit that notice of the public hearing was duly given. Vanessa W. Young, Clerk to the Board, presented a Certification to the Commissioners that notice of the special meeting of the Harnett County Board of Commissioners held tonight, April 28, 1982, concerning the creation of the Averasboro Fire Protection Service District was duly given. - Commissioner Jesse Alphin moved for the adoption of the following resolution creating the Averasboro Fire Protection Service District: Commissioner Lloyd G. Stewart seconded the motion and it carried upon the following vote: Ayes: Commissioners Alphin, Stewart, Shaw, and Collins Noes: None Absent: Commissioner M. H. Brock 'A RESOLUTION CREATING AVERASBORO FIRE PROTECTION SERVICE DISTRICT THAT, WHEREAS, a report concerning a proposed Fire Protection Service District (consisting of Averasboro Township, less the City of Dunn and the area served by the Duke Fire District) was filed with the Board of Commissioners of Harnett County on March 29, 1982; and WHEREAS, the Board of Commissioners of Harnett County called a public hearing to be held on April 28, 1982, at 8 p.m. at the City Hall in Dunn, North Carolina; and WHEREAS, the Commissioners directed the Clerk to publish a copy of the Notice of such hearing in The Daily Record at least one week prior to the hearing date; that an affidavit from the editor of The Daily Record has been filed with the Clerk to the Board of Commissioners showing that such notice was duly given; and WHEREAS, the Tax Supervisor was directed to mail a copy to all property owners within the boundaries of the proposed district as shown on the county tax records as of January 1, 1982, and said supervisor has filed his certification of service with the Board; and WHEREAS, the hearing was held at the stated time and place and the following persons appeared and spoke concerning the proposed district: T. A. Brown, Mary Stewart Community, Rt. 3, Dunn, could not unde a volunteer fire department, why was a tax levy needed ?' stand if it was Roy:L. Pack, Rt. 4,' Dunn, ;- stated that he would like to see a map of Averasboro Fire District and would like to know if he was paying tax to Duke Fire„ would he also pay to Averasboro? Mr. Alphin explained that he would pay taxes only to the fire district in which he was residing. Mr. Pack was concerned about the fire truck being housed in Dunn City limits and answering calls out in the County where he lives. Thomas Hodges, Rt. 3, Dunn, expressed his opposition to the creation of the Averas- boro Fire District and presented petitions opposing the creation of the proposed District with approximately 213 signature. Joe Neighbors stated that he lived 11 miles from the Town of Benson and expressed his desire to pay Benson for fire protection services to his community. Roger Eason, Rt. 1, Dunn, requested to know if the City of Dunn can refuse to respond to a fire call outside the city limits? Austin Johnson, Rt. 4, Dunn, stated that in order to have adequate protection, the fire department must have the necessary equipment, Mr. Johnson said he was in favor of this plan in order to have this protection. He stated that if the people were going to have fire protection outside the City limits of Dunn, they would have to vote for this District. The people in Averasboro could not afford the expense of creating, four or five small rural fire departments. William E. Tart spoke in favor of creating Averasboro Fire District. Gladys Wood, Rt. 6, Dunn, stated that she was ready to vote "yes" because she needs fir protection. She also requested to know if this district did not pass, would she receive fire protection from the City of Dunn? Mayor Elmore informed the group that the Dunn City Board had decided that it could not continue to provide services to the people outside the City limits of Dunn without financial assistance after July 1,_1982. The citizens within the Dunn City limits are paying taxes for Dunn Fire Department to provide fire protection outside the city limits, plus Dunn Fire Department does not have sufficient equipment to continue to fuinish these services. All Dunn is asking is for the People to help pay for the services they receive. Don Hugh, Rt. 3, Dunn, felt that everyone should pay their part in order to have proper fire protection and would be glad to pay his share. Earl Page spoke in favor of the creation of the Averasboro District. Raymond Altman expressed his concern about a situation he had wh4n he contacted the Dunn Fire Department to answer a call to his residence and the fire department wanted to know who would guarantee payment to the Department to respond to the call. Bob Bryant, Rt. 4, Dunn, asked if this equipment would be dedicated just to the proposed Averasboro Fire District? Mayor Elmore explained that this equipment would not be dedicated to just the Averasboro Fire District that it would also be used to answer calls to the citizens within the Dunn City limits. Mr. Elmore stated that in order for Dunn Fire to answer the calls outside the city limits, it would have to purchase some additional equipment, but the ;equipment would not be dedicated to answering` calls only outside the City limits. J. T. Barefoot, Jr., stated that he operated a business that may be annexed byc Dunn, and wanted to know if he would have to pay fire taxes to both the City of Dunn and Averasboro? Mr. Alphin explained that if the City of Dunn should annex his business, obligation to Averasboro Fire District would cease. Carlie C. McLamb stated that he wanted fire protection and presented petitions to the Board with a couple hundred signatures in favor of the creation of this Distrct. Hugh Moody questioned what would happen after the seven -year contract ended? Edward H. McCormick, County Attorney, explained that the contract is drawn up in such a way that it could continue after the seven year period. The wording is to the effect that upon notice by either side, the contract may be terminated. So if it is still acceptable to the District and the City is able for the price that has been set to deliver the service, then it can continue on indefinitely until one side or the other requests that it be germinated. Barefoot': Janice King stated that she was in favor of creating this fire district. L. M. Williams stated that he was in favor of the creation of this district. Arville Tart explained that something had to be done. The people are education enough to realize that Dunn cannot continue to furnish fire protection and buy the necessary equipment as costly as it has gotten without some type of support. the people who use this service are going to have to pay for it; and WHEREAS, the Commissioners having fully considered the views of those who appeared at the hearing and having duly considered the facts presented in the report filed with the Board on March 29, 1982, regarding the establishment of a proposed Fire Protection Service District and having specifically considered those facts set forth in Part II of the report regarding standards, the Board finds and concludes that: 1. There is a demonstrable need for providing fire protection, service in the area of Harnett County known and defined as Averasboro Fire Protection Service District. 2. It is impossible or impractical to provide such service on a county -wide basis. 3. It is economically feasible to provide the proposed services for the proposed district without unreasonable or burdensome annual tax levies. 4. There is a demonstrable demand for the special district by persons residing in the district. NOW, THEREFORE, be it resolved by the Board of Commissioners of Harnett County that a Fire Protection Service District is hereby established and defined as follows: A. Boundary or Area to be Served. The area to be served by the Averasboro Fire Protection District shall be that area of Harnett County now described and defined as Averasboro Township less the City of Dunn and the area served by the Duke Fire District. B. Name of the Service District. The service district shall be known as "Averas- boro Fire Protection Service District ". C. Specific Services to be Provided. The services shall be limited to the fol- lowing: Fire Protection Services. BE IT FURTHER RESOLVED that the plan for providing such services shall be in accordance with plan set forth in the report dated March 29, 1982, heretofore filed on March 29, 1982, with the Clerk to the Board by M. H. Brock, County Manager. THIS RESOLUTION shall become effective on July 1, 1982. ADJOURNMENT There being no further business, the Harnett County Board of Commissioners special meeting of April 28, 1982, duly adjourned at 9:35 p.m. CO (bLi Q SE RETARY RMAN e 7, 7 CLERK i