Sampson County Fire Commission approves tax increases for seven departments; forwards two contract-amendment requests to commissioners

The Sampson County Fire Commission approved recommended fire-tax increases for seven fire districts and forwarded two requests to amend the proposed multiyear fire contract to the county commissioners for final consideration.

At a meeting of the Sampson County Fire Commission, the panel voted to recommend new tax rates for Harold's (requested 9.5 cents), Five's Corner (move from 8.5 cents to 10 cents as presented to the commission), Turkey (requested 10 cents), Garland (requested 10 cents), Piney Grove (requested 10 cents, current/contract rate reported as 7 cents), Falcon (requested 10 cents, current/contract 9.5 cents) and Clinton (requested 10 cents, current/contract 9 cents). The commission chair said each motion "so carried" after votes and that the recommendations "will be presented to the commissioners on the fire commission's behalf." (Transcript excerpts: first discussion opening at 89.07 seconds; approvals through 430.835 seconds.)

Why it matters: The commission's recommendations go to the Sampson County Board of Commissioners, which ultimately sets tax rates. Several departments asked for higher, multiyear guarantees so they can plan for capital purchases and paid staffing; the county manager and county attorney told the commission that the county commissioners retain statutory authority to change tax rates and that altering contracts could prompt legal challenges.

Discussion and contract-amendment requests

Piney Grove's fire chief described the department's budget constraint and why a sustained 10-cent rate matters. "So I think our biggest concern was if we borrowed the money to buy a new truck and to add another person on as paid staffing ... 10¢ allows us to do that," the Piney Grove fire chief said (transcript 472.085—1.71503 seconds). The chief said the department does not expect to be able to operate under the current lower contract rate.

Interim County Manager, speaking to the commission, said the commissioners' intent "is not to leave any fire department hanging" and encouraged departments to engage with county staff during budgeting (transcript 804.445—51.31 seconds).

The county attorney told the commission that while contract law could provide grounds for legal action if the county changed previously agreed rates, "it does not change the statutory authority of the purview within the county that y'all are able to set the tax rates," and that "there would likely be some litigation" if contracts and statutory authority collided (transcript 653.38—05.07495 seconds).

After debate about fairness and whether any change to multiyear rates should apply to all departments that previously signed contracts, the commission took a separate action on two requests: the commission voted to forward Piney Grove's and Turkey's amendment requests to the county commissioners without a recommendation from the fire commission. The chair read the motion as forwarding the requests "to the county commissioner without recommendation for the board" and confirmed the motion carried (transcript 1709.79—725.625 seconds).

What the decisions do and next steps

The commission's approvals are recommendations; the Sampson County Board of Commissioners has the legal authority to set final tax rates and to accept, modify or reject contract amendments. The county attorney cautioned that departments that rely on a contract to borrow for capital purchases could have legal recourse if a future board reduced an approved rate, but that statutory authority to set rates remains with the commissioners.

The commission noted that most departments have already signed the existing multiyear contract and that changing the multiyear rate for some departments could require renegotiating contracts for others. The interim county manager and commission chair said they would take the commission's actions and the amendment requests to the county commissioners for consideration and to try to provide an expedited answer to allow county budgeting to proceed.

Votes at a glance

- Harold's: recommended to 9.5 cents (motion carried; recommendation to commissioners). (transcript 176.175—47.50499) - Five's Corner: recommended move from 8.5 cents (contract) to 10 cents (motion carried). (transcript 268.615—88.75) - Turkey: recommended to 10 cents (motion carried); later request to amend multiyear contract forwarded to commissioners without recommendation. (transcript 293.29498—16.09998; amendment forwarded 1562.215—587.975) - Garland: recommended to 10 cents (motion carried). (transcript 325.785—47.80502) - Piney Grove: recommended to 10 cents (motion carried); request to amend multiyear contract forwarded to commissioners without recommendation. (transcript 348.685—68.74002; amendment discussion 431.695—69.6699) - Falcon: recommended to 10 cents (motion carried). (transcript 379.445—93.53) - Clinton: recommended to 10 cents (motion carried). (transcript 411.475—15.53)

The commission's motion to forward the Piney Grove and Turkey amendment requests to the county commissioners without a recommendation carried; the county commissioners will consider whether to accept, reject or negotiate changes to the multiyear contract provisions.

Community and budget context

Commission members and chiefs repeatedly raised the effect of rising apparatus and equipment costs, staffing shortages and the difficulty of financing large capital purchases in a tight market. One board member noted that 15 fire departments had already signed the existing contract, and several members said altering the contract for some would likely prompt renegotiations or holdovers for others. The commission discussed a possible short "holdover" provision to keep existing contracts in effect while the county and departments negotiate alternatives.

No timeline for the county commissioners' consideration was specified during the meeting.