BC 1985 12 16 - Laserfiche WebLink

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362 on December 12, 1985. Mr. Fletcher L. Hartsell, Jr., County Attorney, advised the Board that because of ambiguities in the law there was some question as to whether Cabarrus Neighbors would meet the requirements for a general circulatio~ newspaper as specified in G.S. 1-597 which requires among other things that a newspaper of general circulation have a second class mailing permit in the county or political subdivision in which it is published. He further stated in his opinion the advertisement on December 12 did not meet the legal requirements of G.S. 163-287 which states that the legal notice of a special election shall be published no less than 20 days prior to the date on which the registration books close for a special election. According to Mr. Hartsell, the books for the special election would close on December 30, 1985. Mr. Hartsell advised the Board that in order to prevent any technical violations in regards to the special election it would be prudent to reschedule the election to February 11, 1986 and direct that notice of the election be published in a newspaper which clearly qualifies under G.S. 1-597. Mr. Kenneth K. Kiser, Chairman of the Cabarrus County Board of Elections, stated the advertisement for the Flowes Store Fire Tax District special election had been published in Cabarrus Neighbors in order to save taxpayer's money. According to Mr. Kiser, the advertising rate in Cabarrus Neighbors was $3.26 per inch as compared to $5.90 per inch in The Concord Tribune. He further stated that Mr. Alex Brock, Director of the State Board of Elections, had advised him that the only requirement for the publication of notice of elections was that the notice be published in a newspaper of general circulation in Cabarrus County and that Cabarrus Ne~i~hbors would satisfy this requirement. In regards to the 20-day notice requirement, Mr. Kiser advised the Board that the law was lenient on the number of days for advertising purposes and that Mr. Brock had advised him that the advertisement in Cabarrus Neighbors on December 12 would satisfy this requirement. Mr. Kiser also informed the Board that Cabarrus Neighbors had applied for a second class mailing permit in Cabarrus County. UPON MOTION of Commissioner Barnhardt, seconded by Commissioner Payne and unanimously carried, the Board changed the date for the FloweS Store Fire Tax District special election from January 28, 1986, to February 11, 1986, and directed that notice of the election be advertised in The Concord Tribune. The Board authorized Mr. Fletcher L. Hartsell, Jr., County Attorney, to write the Attorney General's Office to get an opinion in regards to the use of Cabarrus Nei~hors or similar type newspaper for advertising purposes. Chairman Lentz called a special meeting of the Board for 7:00 P.M. on January 22, 1986, at the County Courthouse to discuss water and sewer projects in the county with representatives of HDR Infrastructure, Inc. By unanimous consent of the Board, the Zoning Public Hearing scheduled for 7:00 P.M. on Thursday, January 2, 1986, was changed to 7:00 P.M. on Thursday, January 9, 1986. Chairman Lentz wished the citizens of Cabarrus County a Merry Christmas and a prosperous New Year. There being no further business to come before the Board, the meeting adjourned at 8:00 P.M. Clerk to the Board