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HomeMy WebLinkAbout08291983285 PUBLIC HEARING & SPECIAL MEETING OF THE HARNETT COUNTY BOARD OF COMMISSIONERS, AUGUST 29, 1983 PRAYER PUBLIC HEARING CALLED TO ORDER PURPOSE OF HEARING EXPLANATION OF SALES TAX RESOLUTIONS IN SUPPORT OF SALES TAX FROM VARIOUS TOWNS & BOARD TOWN OF ANGIER TOWN OF COATS 1 The Harnett County Board of Commissioners met in special session on Monday, August 29, 1983, in the Assembly Room, County Office Building, Lillington, North Carolina, at 7:30 p.m. as was duly advertised for the purpose of holding a public hearing concerning the levy of a one -half percent (a %) supplemental local govern- ment sales and use tax. The following members were present: Lloyd G. Stewart, M. H. Brock, Bill Shaw, Rudy Collins, and Chairman Jesse Alphin presiding. Vaness W. Young, Clerk to the Board, and Robert Morgan, County Attorney, were also presen Marvin Johnson led the evening prayer. Chairman Jesse Alphin called the public hearing to order at 7:30 p.m. and then called on M. H. Brock, County Manager, to explain the purpose of the hearing. M. H. Brock, County Manager, explained to the group that the purpose of the public hearing tonight was to give the citizens of Harnett County an opportunity to express their opinions concerning the levy of a one -half percent (; %) supplemental local government sales and use tax. Mr. Brock stated that the House and Senate passed H 426, the % local option sales tax bill. Some of the major features of H 426, as explained by Mr. Brock to the group, are as follows: 1. Each of the 100 counties is authorized to enact the % sales and use tax either by direct imposition of the tax by the Board of County Commissioners, or following an affirmative vote in a county -wide referendum called by the Board of County Commissioners. Mr. Brock stated that it is the plan of Harnett County to enact the tax by direct action of its board of county commissioners based on the response received from the citizens at the public hearing tonight. Mr. Brock informed the Board that the public hearing had been advertised and a 10 days' notice had been given. If the Board should chooseto adopt the resolution followin the public hearing tonight, the z tax will become effective beginning the first day of October, 1983. A copy of the resolution will be delivered to the Secretary of Revenue, who is required to collect the i% tax for the County. 2. The net revenue generated by the 1% sales and use tax will be distributed to the taxing counties on a per- capita basis according to the most recent population estimates as certified by the State Budget Officer. Mr. Brock continued to explain that as of today 47 counties have voted in the sales tax; 5 counties are holding public hearings this week; and 10 to 15 counties will be holding public hearings in September. 3. Mr. Brock informed those present that for the first five years after the enactment of the % sales tax, a county may use 60% of its proceeds from the tax for any lawful purpose in an unrestricted manner. The remaining 40% must be used for public school capital outlay purposes or to retire any indebtedness incurred by the county for such purposes. A county is authorized to expend part or all of the revenue restricted for public school capital needs in the same year in which the revenue is received by the county, or the county may place part or all of the revenue in a capital reserve fund for future use. For the next five years after enactment of the tax, 70% of the proceeds may be used for any lawful purpose, and 30% must be used for public school capital outlay needs. After ten years, 100% of the proceeds may be used for any lawful purpose. It was further explained that municipalities have the same restrictions on use of the tax proceeds distri- buted to them as do counties, except that municipalities must use the funds for water and sewage capital outlay purposes rather than for public school purposes. Mr. Brock informed the Board that the County has received several resolutions from the various municipalities and statutory Boards endorsing the adoption of the z% sales and use tax. The Board requested that these resolutions be presented and entered into the record. M. H. Brock presented the following letter form the Town of Angier: In the regular meeting of August 16, 1983 of the Town Board of the Town of Angier, a resolution was adopted requesting the County of Harnett to levy the additional ' cent sales tax. The motion was made by Joe E. Pleasant, seconded by Kent Raynor. The motion was unanimously carried. Signed by Jean J. Matthews Town Clerk Mayor Godfrey Beasley of Coats requested Mr. Brock to read the following resolution adopted by the Coats Town Board: r86. TOWN OF- LILLINGTON REQUESTING THE ESTABLISHMENT "6F THE:ADDITIONAL ONE -HALF' CENT SALES TAX FOR THE COUNTY OF HARNETT hHEREAS, -The Town of Coats is in need of increased revenues in support of the Town's needs to provide adequate services for its citizens. WHEREAS, Such increased :revenues should' rightly derive from resources' other than Ad Valorem Tax Assessemnt; WHEREAS, recent legislation provides that the Board of County'Commissioners may levy an additional one -half cent sales tax which will be distributed within Harnet County Government and the Municipal Governments. NOW THEREFORE, BE IT RESOLVED, That the Town of Coats through this Resolution does urge that the Harnett County-Board of Commissioners proceed to institute the levy of an additional one -half cent sales tax as provided through the General Statutes of North Carolina. This the 26th day of August 1983, Town of Coats, North Carolina. Coats Town Board s/' T. Godfrey Beasley T. Godfrey Beasley Mayor Attest:. s/ Sherwood Gregory Sherwood Gregory Clerk Mayor Thomas R. Brown presented the following resolution from the Town of Lillington: - RESOLUTION REQUESTING THE ESTABLISHMENT OF THE ADDITIONAL ONE -HALF CENT SALES TAX FOR THE COUNTY OF- HARNETT WHEREAS, The Town of Lillington:is in need of increased revenues in support of the'Towns' neecl to provide adequate services for its citizens. WHEREAS, such increased revenues should rightly derive from resources other than Ad. Valorem Tax Assessment; '; WHEREAS, there exists a very keen need for additional funds for the support of Town programs; WHEREAS, there is an immediate need for sufficient funding to develope and complete water and wastewater projects; WHEREAS,'' recent legislation provides that the Board:of County Commissioners may levy an additional one -half cent sales tax which will be distributed within Harentt County between the County Government and the Municipal Governments. NOW, THEREFORE, BE IT RESOLVED, that the Town of Lillington through this Resolution does urge that the Harnett County Board of Commissioners proceed with all deliberate speed to institute the levy of an additional one -half cent sales tax as provided through the General Statutes of North Carolina. This the 19th day of August, 1983, Town, of Lillington, North Carolina. Attest: s/ Sybil D. Baldwin Clerk Lillington Town Board'. BY: s/ Thomas R. Brown, Jr. Mayor 287 BOARD OF EDUCATION LIBRARY BOARD Gerald Hayes presented the following resolution adopted by the Board of Education: RESOLUTION REQUESTING THE ESTABLISHMENT OF THE ADDITIONAL ONE -HALF CENT SALES TAX FOR THE COUNTY OF HARNETT WHEREAS, county government is in need of increased revenues to address the governmental services needs of the citizens; AND WHEREAS, such increased revenues should rightly derive from resources other than ad valorem assessment; AND WHEREAS, there exists a very keen need for additional funds for school construction in Harnett County; AND WHEREAS, there is an immediate need for sufficient funding for constructio of the complete Area III high school plant; AND WHEREAS, recent legislation provides that County Commissioners may levy an additional one -half cent sales tax of which a minimum of forty percent of the revenues derived shall be dedicated to school construction; NOW, THEREFORE, BE IT RESOLVED; that the Harnett County Board of Education through this Resolution does urge that the Harnett County Board of Commissioners proceed with all deliberate speed to institute the levy of an additional one -half cent sales tax as provided through the General Statutes of North Carolina. This the llth day of August, 1983 Lillington, North Carolina HARNETT COUNTY BOARD OF EDUCATION By: s/ Hoke Smith Chairman Attest: s/ R. A. Gray Secretary Following the presentation of the foregoing resolution, Mr. Hayes explained some of the financial needs of the Board of Education and requested the Board of Commis- sioners to approved the z% Sales Tax option. Gordon Springle, Chairman of the Harnett County Library Board, presented to the Commissioners the following resolution: RESOLUTION The Harnett County Library Board,consisting of nine people representing all areas of the County, plus two ex- officio members, representing the town of Lillington and the Board of County Commissioners, do approve the additional i (one -half) cent tax increase. WHEREAS, the County Library is in a building now 28 years old and in need of repair, WHEREAS, the book collection has doubled in the past 28 years, the space needs have become doubly critical, WHEREAS, the staff of the Library has also doubled, but the area for added personnel at the library has been nonexistent, WHEREAS, the original plan for the library made no provisions for audio- visual machines and non -book materials, yet the present library has a good collection of non -book materials, WHEREAS, there are many space problems as library programs are planned with- out a meeting room for these groups, WHEREAS, the NC State Legislature has just this current year increased the state aid to Public Libraries, acknowledging their importance as an agency for continuing education and an information source in every community, WHEREAS, the population of Harnett County continues to increase and the library services continue to increase, 288 METRO BOARD THEREFORE, BE IT RESOLVED, that the Board members of the Harnett County Library do approve of the increase of the ? cent tax, as additional income for Harnett County, BE IT FURTHER RESOLVED, that the Library Baord go on record as the Library Policy- making governing liaison group, expressing the serious need for a new library building to meet the needs of the Harnett County Citizens, and do hereby publicly request that some of this additional tax income be committed to the Library, Building Project. This Resolution represents the opinions of the eleven people on the Library and will be recorded in the minutes of the Harnett County Library Board and be available for the press.: This twenty-ninth day of August, 1983. s /Gordon Springle Chairman; Harentt County Library Boa s /Margaret R. Randall Secretary - Librarian; Robert Surles, Chairman of the N.E. Metropolitan Water District Board, presented to the Board the following resolution adopted in a joint meeting of the Metro Board and Buies -Creek -Coats Water and Sewer District Board: RESOLUTION' SUPPORTING THE-.ESTABLISHMENT OF THE ADDITIONAL ONE -HALF CENT SLAES TAX FOR HARNETT COUNTY WHEREAS, the County of Harriett has established a Public Utility Department and is in need of additional revenues for the development and economic stability of water and sewer facilities and WHEREAS, on June 9, 1966, the County Board of Commissioners_ caused a comprehensive water and sewer plan to be produced pursuant to -a contract between Moore, Gardner and Associates and Harnett County; and WHEREAS on July 17, 1968, the Harnett County Board of Commissioners adopted a Resolution #003 -69 being a water and sewer plan for the extension of water and sewer lines beyond municipal limits; and d WHEREAS, on March 19, 1969, the Harnett - County Board of Commissioners passed a resolution adopting -a plan for the construction of the Buies Creek Waste Water 'Treatment Facility and collection line; and :WHEREAS, the County of-Harnett on August 9, 1971, entered into contract with Campbell University to lease and operate the County owned Waste Treatment Plant and that the County: reserved certain rights,,to take over operation of said plant in order that at some' - future date the County could elect to serve other citizens of the county with this facility, and WHEREAS, on March 28; 1974, the Harnett County Board of Commissioners - passed a` resolution concerning the creation of a county-wide water system; and WHEREAS, on -March 29,- 1976, the Harnett County Board of Commissioners passed- a resolution creating a Metropolitan Water District in the Northeast section of Harnett County; and WHEREAS, on May 30, 1980,- the County of Harnett entered into a lease with the Northeast Metropolitan Water District to operate said system in order that the County could better -serve the needs of Harnett County and formed a Public Utility Department; and WHEREAS, on October 3, 1980; the County of Harnett approved .a contract with Moore, . Gardner and Associates to update the County -Water Feasibility Study; and WHEREAS, on October 20, 1980, the Harnett County Board Of Commissioners - adopted a resolution creating the Buies Creek-Coats Water and Sewer District 'whereby a central sewer system would be developed and put into effect utilizin the current county owned waste, treatment plant at Buies Creek;, -and WHEREAS, on January 17, 1983; Harnett County exercised its option to accept the responsibility of operating the County Sewer Treatment Plant at Buies Creek. and -the County Utility Department is presently operating said plant for the Campbell University, sewer system and the Buies Creek -Coats sewer system to be built; and WHEREAS, the Harnett County Board of Commissioners on July 5, 1983, awarded bids for the construction of the Buies Creek -Coats Sewer System; and PLANNING BOARD 288 WHEREAS, there presently exist several populated areas of Harnett County in great need of water and sewer utilities to protect the health, safety, and welfare of the citizens of such areas and ultimately the general citizenry of the entire county; and WHEREAS, the County of Harnett through its great wisdom and efforts have pioneered and promoted development of water and sewer facilities within Harnett County on a county level that would attract industrial development and further stimulate tax base and development that can be utilized throughout all parts of Harnett County; and WHEREAS, the County of Harnett has worked very closely with the Harnett County Planning and Development Commission, municipalities, and several unincorporated areas in the promotion of growth and through recognizing the need of Utilities have afforded the energetic and financial backing to bring about many successful projects; and WHEREAS, the State of North Carolina has elected not to call for a statewide bond referendum to fund future water and sewer projects but has plaeed upon local governing units the responsibility to raise needed capital by other means; and WHEREAS, Harnett County as early as 1966 recognized the importance of water and sewer utilities to the economic and industrial development of our county and it must now accept a greater role in the promoting and financing of the needed utilities in those areas of our county where such prove feasible; and WHEREAS, recent legislation provides for county government to levy an addi- tional one -half cent sales tax of which sixty percent of those funds on county level are unrestricted for general expenditures; NOW, THEREFORE, BE IT RESOLVED BY THE NORTHEAST METROPOLITAN WATER DISTRICT BOARD OF COMMISSIONERS AND THE BUIES CREEK -COATS WATER AND SEWER DISTRICT BOARD OF ADVISORS IN A JOINT MEETING, THAT: Its members support the passage of an additional one -half cent sales tax as provided by recent legislative action of our General Assembly and do respectfully request the Harnett County Board of Commissioners to proceed in a most expeditious manner to levy said tax and that further continue to assist in the funding of feasible water and sewer projects within those needed areas of our county and to assist the rural areas of our county by serving as the lead agency in creating and building such utilities through the County Utility Department. BY:s /Robert A. Surles Chairman, N.E. Metropolitan Water District BY:s /Lenore D. Tuck Chairman Buies Creek -Coats Water and Sewer District Board of Advisors This 29th day of August, 1983 Attest: s/ Vanessa W. Young Secretary Casey Fowler, Chairman of the Planning Board, presented the following resolution adopted by the Planning Board for the record: RESOLUTION REQUESTING THE ESTABLISHMENT OF THE ADDITIONAL ONE -HALF CENT SALES TAX FOR THE COUNTY OF HARNETT WHEREAS, county government is in need of increased revenues to address the governmental services needs of the citizens; AND WHEREAS, such increased revenues should rightly derive from resources other than ad valorem assessment; AND WHEREAS, there exists a very great need for additional funds for capital expenditures in Harnett County; AND WHEREAS, there is also an immediate need for sufficient funding for construction of the complete Area III high school plant; AND WHEREAS, recent legislation provides that County Commissioners may levy an additional one -half cent sales tax of which a minimum of forty percent of the 230 ANDERSON CREEK RURITAN -CLUB OPPORTUNITY FOR OTHERS` TO SPEAK R.A. GRAY evenues' derived for the first five years shall be dedicated to school constructio NOW,; THEREFORE, BE IT RESOLVED: that the Harnett County Planning Board through this Resolution does urge that the Harnett County Board of Commissioners proceed immediately to institute the levy of an additional one -half cent sales tax as provided through the General Statutes of, North Carolina. This the 26th day of August, 1983. - Lillington, North Carolina HARNETT COUNTY PLANNING BOARD -.By: s/ Casey S. Fowler Chairman ATTEST: si Theron Miller Secretary Mr. Brock was asked by the Anderson Creek Ruritan Club to present -the following resolution on their behalf: RESOLUTION WHEREAS, that the County of Harnett provides essential services for its *:.c% citizens and must pay for these through the exercise of its taxation powers; WHEREAS, in the past the County has by law had to, rely almost exclusively'. upon ad valorem taxation of real property and certain types of personal property; WHEREAS, under the ad valorem taxation system the burdens of.taxation falls upon the homeowner, shopkeeper and farmer and many wealthy individuals' who have their assets in bank accounts and stocks do not share in the taxation burden WHEREAS, this past year the N.C. Legislature for the first time, authorized counties to raise a portion of their revenues from sales taxes of up to z cent per dollar volume of sales; WHEREAS; it is felt that the sales tax is a tax on consumption and will be born by all citizens in accordance with the amount of money -they have, the ability they have to spend money, the amount that they do spend and is, therefore, a fair tax; - NOW, THEREFORE, BE IT RESOLVED, that the Anderson Creek Ruritan Club go on record as endorsing the use of the sales tax by the County of Harnett as a revenue raising measure in lieu of any increase in the current ad valorem tax rate. Anderson Creek Ruritan Club Steve Griffin, President Following the presentation and' reading of these resolutions, Chairman Jesse Alphin asked that anyone else present who would like to speak pro or con to the sales tax option to -feel free to do so. at this time . R. A. Gray, Superintendent of Public Schools - -I would like to take just a few minutes to review where we are with the school - program. Back in 1975, it was determined that Harnett County Schools, with ten high .schools at that time, were to be consolidated. The'County Commissioners started providing at that time $1,000,000 per year for the consolidation of Harnett County Schools. By 1977, we opened the first two schools -- Western Harnett and Harnett Centrai High Schools- -with an obligation to continue with the consolidation of Dunn-Erwin- Coats as quickly as possible. The Commissioners continued providing $1,000,000 a year It was determined in 1977 the need .of updating the school buildings in Harnett County was alittle better than $30,000,000. Because -of this great need, the Governor and others promised to pass a State bond issue that would provide Harnett County several million dollars for the construction program. Thatmoney plus the $1,000,000 provided by the Commissioners would have completed the construction of the Area III school which is Dunn -Erwin -Coats by 1980. The State bond issue did not come about because of the extreme economic problems we had to develop - during that time Each year we had promises on the State level that we are going to start this bond issue. This is the first time that the State has provided some mechanism to provide. for funds from the State for the construction of public - schools' since 1973. It was with great effort by school people that this one -half percent sale's tax did-pass in Raleigh, so we do need this 40 percent plus that is being provided from the one-half percent sales tax PUBLIC SHOW OF HANDS IN FAVOR OF SALES TAX PUBLIC HEARING CLOSED: SPECIAL MEETING CALLED TO ORDER RESOLUTION RE: SALES TAX plus the $1,000,000 to try to meet these needs that have been identified over the years. Since 1977 when our needs were projected as $30,000,000, cost of construction has advanced. So our needs are greater than this now. Because the people in Harnett County said, "we do not want any more taxes ", the Commissioners have done a great job in operating the county without raising taxes. But the needs of the schools as we presented them to the Commissioners were not met because funds were not available. Some of the areas in our school programs have deteriorated because monies have not been available. We have approximately 25 acres of roofs in Harnett County and many of these roofs on our schools are in need of great repair now. We have had complaints in the last year or so about leaks that we were not able to fix. Mr. Chairman, as I have heard other leaders in the County tonight mention the needs of the fire depart- ments, the towns, etc., there are many needs in Harnett County; there are many needs in the Harnett County School system besides the construction program. We need some help immediately in these other areas, and I commend you and the leaders of Harnett County for thinking about adding this one -half percent sales tax, particularly since it is based on population. If we had to provide the funds from the ad valorem tax to meet the needs of this one -half percent sales tax, we would have to get twice as many dollars from Harnett County citizens than we would through this one -half percent sales tax, because we spend our monies not only in Harnett County but also in Raleigh, Sanford, Fayetteville, Ashville, and many other places in North Carolina. So this way we will get our money back. So I think this is a very excellent way to tax ourselves. The needs are great in Harnett County. If this tax was not put on immediately, certainly, you would have to raise ad valorem tax a considerable amount to met our basic needs. This is an excellent way to get it. Thank you for letting me come up. After no one else appeared to speak concerning the sales tax option, Chairman Alphin asked for a show of hands of all persons who are in favor of this tax. It was a unanimous vote in favor of the sales tax option. Approximately 70 person were present for the hearing. Chairman Jesse Alphin closed the public hearing at 8:15 p.m. and called to order the special meeting of the Board. M. H. Brock, County Manager, presented for the Board's consideration the following resolution levying a one -half percent (o) supplemental local government sales and use tax and prescribing the method of distribution of the proceeds within Harnett County: HARNETT COUNTY, NORTH CAROLINA. RESOLUTION WHEREAS, a public hearing was held on August 29, 1983, to consider the levy of a one -half percent (%) supplemental local government sales and use tax, and interested citizens presented their views to the Board of County Commissioners; and WHEREAS, the Board of Commissioners of Harnett County is now of the opinion and does hereby find and declare that the levy of said sales tax within Harnett County is both desirable and necessary to adequately finance the operation of the county and the cities and towns herein; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Harnett County as follows: Section 1. There is hereby imposed and levied within Harnett County the one -half percent ('%) supplemental local government sales and use tax authorized by Ratified Chapter 908 of the 1983 Session Laws, and codified as Article 40 of Chapter 105 of the General Statutes of North Carolina, effective July 21, 1983. The tax hereby imposed and levied shall apply to the same extent and be subject to the same limita- tions as are set forth in said Chapter 908. Section 2. Collection of the tax by the North Carolina Secretary of Revenue, and liability therefore, shall begin and continue on and after the first day of October, 1983. Section 3. The net proceeds of the tax levied herein shall be distributed by the Secretary of Revenue on a quarterly basis to Harnett County and to each municipal- ity herein in accordance with the method by which the one percent (1%) sales and use taxes levied in Harnett County pursuant to Article 39 of General Statutes Chapter 105* are distributed. Section 4. This Resolution shall become effective upon its adoption and a certified copy hereof shall be forwarded to the North Carolina Secretary of Revenue. Adopted this the 29th day of August, Nineteen Hundred and Eighty - three. HARNETT COUNTY BOARD OF COMMISSIONERS s/ Jesse Alphin, Chairman 292 ACTION ADJOURNMENT PUBLIC HEARING CALLED TO ORDER REPORT PRESENTATION PURPOSE OF MEETING PERSONS GIVEN -AN OPPORTUNITY TO SPEAK PERSONS WHO SPOKE SPECIAL MEETING' OF FEBRUARY 24, 1983, CYPRESS CREEK FIRE PROTECTION SERVICE DISTRICT Commissioner Rudy Collins made a• motion that the foregoing resolution be adopted; • Commissioner Bill Shaw seconded the motion and it, passed upon the following votes Ayes S ;Noes 0 • Absent -0 ;P-Abstained 0 There being no further business, the Harnett County Board of Comm meeting of August 29, 1983, duly adjourned at >8:20 p.m. ssioners special Chairman Cle Secretary i,,,AQ o c uQceg SPECIAL MEETING OF .THE HARNETT COUNTY BOARD OF COMMISSIONERS, FEBRUARY 24, 1983 CYPRESS CREEK FIRE PROTECTION SERVICE DISTRICT The Harnett County' Board of Commissioners met in special session on February 24,. 1983, at the Cypress Creek Church located at the intersection of S.R. 1103 and 1107 for -the purpose of holding a public hearing relevant to the creation of the Cypress Creek Fire Protection Service District. Commissioners Stewart, Brock, Collins;` Shaw and Alphin were present. "' Vanessa W. Young, Clerk to the Board, and Robert`_Morgan County Attorney, were also present. Chairman Jesse Alphin called the public hearing to order Jack Holder to present -a summary of the Report an the pr Protection Service District. at 8:00 p.m. and asked oposed Cypress Creek Fire Following the presentation by W. Holder, Mr. Alphin restated the purpose of the public hearing which is to give the citizens in the proposed district an opportun- ity to speak.pro or con to its creation. Chairman Alphin then asked that anyone present who would like to voice their opinion 011 this matter to feel free to do so at this time. The following persons appeared before the Board and spoke in favor of the creatior of this District; Daniel Brooks, Haywood Bunnell, Lewis Marion, Lynwood Burrell, Mr. Taylor, John Manning, William Flemington, Kay Beal, Ronnie Frye, Stedman Thomas, Bob Dobie, Suzanne Bunnell, Walter Rogers, Emily Briggs, Doris Bunnell, Zeb Brooks, Jerry Barnes, and Vandor Jones. No one, appeared before the Board to speak in opposition of creating the district. PUBLIC HEARING- CLOSED.After giving everyone present an opportunity to speak, Chairman Alphin Closed the SPECIAL MEETING CALL- public hearing at 8:22 -p, m. and convened the special meeting of the Board of ED TO ORDER Commissioners. CERTIFICATION THAT NOTICE OF SPECIAL MEETING WAS GIVEN M. H. Brock, County Manager, presented a certification to the Board that notice of the_special meeting of the Harnett. County Board of Commissioners held tonight -- Thursday, February 24, 1983 -- concerning the Cypress Creek Flre Protection Service District was duly posted in the Harnett County courthouse and advertised in the newspaper. AFFIDAVIT THAT PUBLIC M. H. Brock, County Manager, presented, to the Board the publisher's affidavit that HEARING' WAS ADVERTISEDnotice of the public hearing.on the Cypress Creek Fire Protection Service District was duly given. RESOLUTION CREATING CYPRESS CREEK RESOULUTION :'CREATING CYPRESS CREEK FIRE DISTRICT M. H. Brock, County Manager, presented the following resolution creating Cypress Creek Fire Protection Service District for the Beard's consideration: RESOLUTION CREATING' THE CYPRESS CREEK FERE PROTECTION. SERVICE DISTRICT THAT, WHEREAS, a report concerning a proposed Cypress Creek Fire Protection Service District as hereinafter described and defined; and WHEREAS, the Board of Commissioners of Harnett County called a public hearing to be held on February 24, 1983 at the_Community Building of the Cypress Creek Church located at the intersection of S.R. #1103 and 1107 in North Carolina; and WHEREAS, the Commissioners directed the Clerk to publish a copy of the 29 1 ACTION RESOLUTION CALLING SPECIAL PROPERTY TAX REFERENDUM -- CYPRESS CREEK Notice of such hearing in the Harnett County News at least one week prior to the hearing date; that an affidavit from the editor of the Harnett County News 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 certificate of service with the board; and WHEREAS, the hearing was held at the stated time and place and the following persons appeared and spoke for the proposed district: Daniel Brooks, Haywood Bunnell, Lewis Marion, -Lynwood Burrell, Mr. Taylor, John Manning, William Hemmington, Kay Beal, Ronnie Frye, Paul Bunnell, Stedman Thomas, Bob Dobie, Suzanne Bunnell, Walter Rogers, Emily Briggs, Doris Bunnell, Zeb Brooks, Jerry Barnes, Vandor Jones WHEREAS, there was no opposition voiced to the proposal; 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 January 3, 1983 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 area of Harnett County known and Service District. 2. It is impossible or impractical basis. providing fire protection service in the defined as Cypress Creek Fire Protection to provide such service on a county wide 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 Cypress Creek Fire Protection Service District shall be that area of Harnett County now described and defined as that portion of Johnsonville Township whose boundaries begin at a point (1) on the Moore - Harnett County line, where it intersects with Highway 24/27; thence in an easterly direction to a point (2) on Highway 24/27 at its intersection with S. R. #1103; thence in a southeasterly direction to a point (3) on S. R. #1107 at Walter Roger's house, 6/10 of a mile northeast of the intersection of S. R. #1107 with S. R. #1106; thence in a northwesterly direction along the Moore /Harnett County line to a point (4); thence in a northeasterly direction along the Moore/ Harnett line back to point (1). B. Name of the Service District. The service district shall be known as "Cypress Creek Fire Protection Service District ". C. Specific Services to be provided. The services shall be limited to the following: 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 January 3, 1983 heretofore filed on January 3, 1983 with the Clerk to the Board of Commissioners by Mr. Jack Holder, President, Cypress Creek Fire Protection District Committee. There upon motion of Commissioner Brock, seconded by Commissioner Stewart the foregoing resolution entitled "RESOLUTION CREATING THE CYPRESS CREEK FIRE PROTEC- TION SERVICE DISTRICT" was passed upon the following vote: Ayes: Commissioners Alphin, Stewart, Brock, Shaw, and Collins Noes: None M. H. Brock, County Manager, presented the following resolution calling a special property tax referendum for the Board's consideration: 4 RESOLUTION CALLING A SPECIAL PROPERTY TAX REFERENDUM BE, IT RESOLVED by the Board of Commissioners for the County of Harnett Section 1:- A special property tax referendum is hereby called to be held between 6 :30.a.m. and 7:30 p.n on Tuesday, April 26, 1983, at which time there shall be` submitted to the qualified voters of all of Cypress Creek Fire Protection Service District (that portion of Johnsonville Township: whose boundaries have been established by the Board and hereinafter referred to in Section 3 of this resolu tion. Section 2: For said referendum, (1) the regular registration books for elections in the precinct identified in Section 3 of this Resolution shall be used and the registration books, process or records shall be used and the registration books, process or records shall be open for the registration of qualified persons and for public inspection in the manner, under the conditions and at the times and places as provided in said notice set forth in Seciton 3 of this resolution, (ii) the registrar, judges, and other officers of elections appointed.by the-County-Board of Elections of Harnett County for said precinct and voting place in said precinct shall_be the election officers for such precinct and voting place, and (iii)' the precinct and voting place shall be the one fixed by said County Board' of Elections as provided in said - notice set forth insSection 3 of this resolution, subject to change as provided by law. The County Board of Elections of Harnett County is hereby requested to conduct said referendum and to take all necessary steps to that end in accordance with the provisions-of this section. Section 3: The County Finance Officer and Clerk to the Board shall cause a notice to be- published in Harnett County News once at least fourteen days before Monday, March 28, 1983 (being the last day in which persons may register for-said referendum) and once again not less than seven days - before said day, such notice to read substantially as follows: NOTICE OF SPECIAL PROPERTY TAX REFERENDUM IN_ THE CYPRESS CREEK FIRE PROTECTION SERVICE DISTRICT (in Johnsonville Township) A- specialproperty tax referendum will beheld in the Cypress Creek Fire, Protection Service District (the boundaries of which are that portion of Johnson ville Township, described as follows: Beginning at a point. -(1) on',:the Moore/ Harnett County. line, where it intersects with Highway 24/27; thence in an easterly direction to a point (2) on.Highway 24/27 at its intersection with S.. R. #1103; thence in a - southeasterly direction to a point (3) on S.R. #1107 at Walter- Roger's house, 6 /10 -of a mile northeast of the intersection of S.R. #1107 with S. R. #1106; thence in a northwesterly direction along the Moore /Harnett County,'line to a point (4) thence in a northeasterly direction along the Moore/ Harnett line -back to point (1), Harnett County, North Carolina between 6:30 a.m. and 7 :30 p;m, on Tuesday, April 26,`1983, at which time there will be submitted to the`. qualified voters of said district the following question: Shall Harnett County be authorized to levy annually a property tax at an effective rate not in excess of fifteen ($.15) cents- on the One Hundred Dollars ($100.00) value in the Cypress Creek Fire Protection` Service District for the purpose of providing fire protection service ?'! For said referendum the regular registration books for, elections in the _Johnsonville precinct, County of Harnett will be used and the registration books, process or records will continue to be open for the acceptance of registration applications and.the registration of'qualified, persons between the hours of -8:00 a.m. and 5:00 pa. on Monday. to Friday, inclusive, of each week at the Office of the County Board of Elections of, Harnett County located at the Agriculture Building, 19 East. Front Street, in Lillington, North Carolina. In- addition, registration applications will be accepted and qualified persons may register with the registrar and judges for said Johnsonville precinct in Harnett County at their homes and qualified persons may also contact the County_Board of Elections at the office of said Board mentioned above, telephone number (919) 893- 4495.` tieC Furthermore, certain persons in the armed forces and their spouses, certain veterans, certain civilians working with the armed forces, and members of the Peace Corps may register by mail at any time prior to said referendum in the manner provided in Article 21 of Chapter 163 of the General Statutes of North Carolina and in person at any time, including the day of said referendum. Those residents of the County who are presently registered under Harnett County's permanent registration system and who have not changed residence from one precinct to another since their registration will be permitted to vote in the special property tax referendum, provided that removal from one precinct to another shall not deprive any perosn of the right to vote in the precinct from which he has removed until 30 days after his removal. The last day for new registration of those not now registered under Harnett County's permanent registration system is Monday, March 28, 1983. The last day on which registered voters who have changed residence from one precinct to another may transfer registration is Monday, March 28, 1983. Any qualified voter of the District who is qualified to vote by absentee ballot in said special property bond referendum may apply to the County Board of Elections for an absentee ballot. Any qualified voter who is qualified to vote by military absentee ballot pursuant to Section 163 -245 of the General Statutes of North Carolina may also apply for an absentee ballot as provided by Section 163 -247 of the General Statutes of North Carolina. Persons who are not certain whether they are registered to vote or qualified to vote by absentee ballot should contact the County Board of Elections at the office of said Baord mentioned above. The registration books for elections in Harnett County will be open to inspection by any registered voter of said District during the normal business hours of the County Board of Elections on the days when the office of said Board is open, and such days are challenge days. The registrars, judges and other officers of elections appointed by the County Board of Elections will serve as the election officers for said referendum. The County Board of Elections will conduct said referendum. The precincts and the voting places for said property tax referendum, subject to change as provided by law, are as follows: Precinct Johnsonville s/ Vanessa W. Young County Finance Officer and Clerk to the Board of Commissioners for the County of Harnett, North Carolina Voting Place Community Building s/ W. H. Randall Chairman of Harnett County Board of Elections Section 4: The form of the paper ballots to be used for said referendum shall be substantially as follows: OFFICIAL BALLOT SPECIAL PROPERTY TAX REFERENDUM CYPRESS CREEK FIRE PROTECTION SERVICE DISTRICT (within the Johnsonville Township whose boundaries begin at a point (1) on the Moore /Harnett County line, where it intersects with Highway 24/27; thence in an easterly direction to a point (2) on Highway 24/27 at its intersection with S. R. #1103; thence in a southeasterly direction to a point (3) on S. R. #1107 at Walter Roger's house, 6/10 of a mile northeast of the intersection of S. R. #1107 with S. R. #1106; thence in a northwesterly direction along the Moore /Harnett County line to a point (4); thence in a northeasterly direction along the Moore /Harnett line back to point (1), in accordance with Article 16 of Chapter 153 -A of the General Statutes of North Carolina, and to provide for the support of such fire protection services by a special tax.) COUNTY OF HARNETT, NORTH CAROLINA April 26, 1983 9 ACTION ADJOURNMENT YES NO istructions' To vote in favor of the Property Tax authorization, make a cross (X) mark in the square to the right of the word "YES'!. To vote against the Property Tax authorization, make a cross (X) mark in the square to the right of the word "NO ". 1f you tear or deface'or wrongly mark this ballot, return it and get another. "Stull Harnett County be authorized to levy annually a property tax at an effective rate not in excess of fifteen cents ($.15) on the One Hundred Dollars ($100.00) value, in the Cypress Creek Fire Protection Service District for the purpose of providing fire protection service ?" s/ W. H. Randall 'Chairman of County Board of Electio Section 5 The County Finance - Officer and Clerk to the Board of Commissioners is hereby directed to mail or deliver a certified copy of this resolution to the County Board of Elections of Harnett County within three days after the passage hereof. Section 6: This resolution shall take effect upon its passage. Thereupon, motion of Commissioner M. H. Brock, seconded by Commisisoner Lloyd G. Stewart, the foregoing resolution entitled: "RESOLUTION CALLING A SPECIAL PROPERTY TAX REFERENDUM" was passed by the following vote: Ayes: Commissioners Alphin, Stewart, Brock, Shaw, and Collins Noes: None There being no further business, the special meeting of the Board, duly adjourned at 9:00 p.m. / irman Clerk r0ann�,/ Secretary \ Q SJ s