Orange County NC Website
I <br />Fog Your Information <br />6 <br />PUBLIC HEARING REQUIREMENTS IMPOSED ON VOLUNTEER FIRE DEPARTMENTS <br />BY THE 'TECHNICAL CORRECTIONS BILL (HR4333) <br />PASSED BY CONGRESS IN OCTOBER, 19ft <br />In order for the interest on an obligation (such as a lease /purcl <br />contract) of a qualified volunteer fire department to be exempt from fedo <br />income tax, public hearing requirements must be met as follows: <br />I. The obligation must be approved (prior to execution) by the <br />governmental unit with whom the VFD has a written agreement <br />to provide firefighting services: <br />This approval can be given by: <br />a) the applicable elected representative of the <br />governmental unit (such as a mayor, county board <br />president, etc.); <br />b) the legislative body of the governmental unit; or, <br />C) any other elected official designated by the chief <br />elected official. <br />2. Pri*9-10-ARRrovai, a public hearing must be held. <br />The applicable elected representative or the legislative <br />body of the governmental unit may appoint aLng Rerson, to <br />conduct the public hearing. <br />It is not fteceaAary for the legislative body or the elected <br />representative of the governmental unit to conduct the <br />public hearing or to be present, and it is not necessary <br />for a report to be submitted to the legislative body. A <br />vote need not be taken and approval of the public or <br />attendees is not required. <br />3. Prigr to the c hearing (to give residents of the <br />cc®nnity an opportunity to express their views) notice <br />must be given. This would generally involve publishing the <br />notice in a newspaper of general circulation in the <br />locality of the governmental unit at least 14 days prior <br />to the hearing. The notice would generally describe the <br />time and place of the hearing, along with a description of <br />the issue (i.e., consideration of a lease /purchase contract <br />to acquire an Emergency One fire truck). <br />1 <br />This summary represents our interpretation of the law and is not intended to <br />be relied upon by volunteer fire departments or others. Such persons eho ld <br />consult their own tax and legal advisor$. <br />