02151982HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, FEBRUARY 15, 1982
CALL TO ORDER
PRAYER
MINUTES APPROVED
BUDGET AMENDMENT
MUTUAL AID AGREE-
MENT, DUNN
The Harnett County Board of Commissioners met in regular session
on Monday, February 15, 1982, in the Commissioners Room, County
Office Building, Lillington, North Carolina, with the following
members present: M. H. Brock, 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.
Chairman Jesse Alphin called the meeting to order at 7:39 p.m.
Commissioner Rudy Collins led the evening prayer.
The minutes from the Harnett County Board of Commissioners meeting
of February 1, 1982, were approved as read.
Larry Knott, Operations Officer with the Harnett County Sheriff's
Department, appeared before the Board and requested that the
Sheriff's Budget, Code 510 -14, Travel & Meetings, be increased by
$385. Mr. Knott explained that these revenues were received
from the Governor's Office as reimbursement for extradition expenses
of Donald Gibson. Commissioner Collins made °a :motion that the
afore-described budget amendment be approved. Commissioner Shaw
seconded the motion and it carried.
Commissioner Brock made a motion that the following Mutual Aid
Agreement between Harnett County and the City of Dunn be approved,
Commissioner Stewart seconded the motion and it carried:
HARNETT COUNTY, DISASTER RELIEF AND ASSISTANCE PLAN, ANNEX A - EMERGENCY MANAGE-
MENT ORDINANCE AND AGREEMENT
APPENDIX 2 - MUTUAL AID AGREEMENT
NORTH CAROLINA MUTUAL AID AGREEMENT
COUNTY OF HARNETT
THIS AGREEMENT, made this 15th day of February, 1982, by and between
Harnett County and Dunn, North Carolina, an incorporated city or town both of
Harnett County hereinafter referred to a. "party of the first part" and Harnett
Count ., hereina ±ter_re,erred:'to_as "party.ot. :the second
y,s
part:". ..
W I T N E S S E T H
WHEREAS, a disaster is an occurrence or imminent threat of widespread or
severe damage, injury or loss of life or property resulting from any natural
or man -made accidental, military or paramilitary cause;
WHEREAS, each party desires to provide its residents all possible
assistance in and protection from disasters; and
WHEREAS, each party can provide the other mutual aid in time of disaster
since they are geographically adjacent;
NOW, THEREFORE, pursuant to G.S. 166A -10 and other applicable laws the
party of the first part and the party of the second part agree as follows:
1. That should either party require the aid of the other, because of
local state of emergency or disaster, the local Emergency Management Coordinator/
Director (Emergency Management) of party requiring aid shall make a request for
aid to the Local Emergency Management Coordinator /Director (Disaster Preparedness
of the other party to this agreement.
2. That each party hereby authorizes and grants to its own local
Emergency Management Coordinator /Director (Disaster Preparedness), the authority
to give to, use and expend for the benefit of the other party to this agreement
all available resources needed to assist the requesting party in providing reason -
able and adequate protection for the residents of the requesting party.
3. That the party who is requested to extend aid may withhold resources
necessary to provide reasonable and adequate protection for its community;
4. That, unless otherwise specified, the Emergency Management (Disaster
Preparedness) forces of the party extending aid will continue to operate under
the command and control of their own leaders but those: units actually rendering
the requested aid will come under the operational control of the Emergency
Management (Disaster Preparedness) authorities of the party receiving aid;
5. That the requesting party will provide for the physical needs of those
volunteers and personnel of the party extending;
6. That the party receiving aid will pay to the party extending aid all
costs and expenses which, the party extending aid incurred by reasons of extendin
the aid;
7. That the party receiving aid will indemnify, save, defend and hold
harmless the party extending aid from any action or suit arising out of
supplying or extending such aid;
8. That the party receiving aid will reimburse and make whole the party
extending aid for any and all damage to equipment or loss of materials incurred
by reason of extending aid;
9. That the party requesting aid will provide Workman's Compensation
coverage, to the extent required of either party by State Law, for the extending
party's forces that actually render the requested aid.
IN WITNESS WHEREOF, the parties have set their hands and seals as of the
date set forth above.
ATTEST:
s/ Vanessa W. Young
Clerk to the Board
s /Louise A. Hudson
Clerk to the City
HARNETT COUNTY
BY:s /Jesse Alphin
Chairman, Board of County Commissioners
BY:s /Robert W. Nicholl
City Manager, Dunn
MUTUAL AID AGREE- Commissioner Brock made a motion that the following Mutual Aid
MENT, ERWIN Agreement between Harnett County and the Town of Erwin be approved,
Commissioner Stewart seconded the motion and it carried:
HARNETT COUNTY DISASTER RELIEF AND ASSISTANCE PLAN: ANNEX A - EMERGENCY MANAGEMENT
ORDINANCE AND AGREEMENT; APPENDIX 2 - MUTUAL AID AGREEMENT
North Carolina
County of Harnett Mutual Aid Agreement
THIS AGREEMENT, made this 4th day of February, 1982, by and between Harnett
County, and Erwin, an incorporated city or town of Harnett County hereinafter
referred to as "party of the first part" and Harnett County, hereinafter referred
to as "party of the second part."
W I T N E S S E T H
WHEREAS, a disaster is an occurrence or imminent threat of widespread or
severe damage, injury or loss of life or property resulting from any natural or
man -made accidental, military or paramilitary cause;
WHEREAS, each party desires to provide its residents all possible assistance
in and protection from disasters; and
WHEREAS, each party can provide the other mutual aid in time of disaster since
they are geographically adjacent;
NOW, THEREFORE, pursuant to G.S. 166A -10 and other applicable laws the party
of the first part and the party of the second part agree as follows:
1. That should either party require the aid of the other, because of local
state of emergency or disaster, the local Emergency Management Coordinator /Director
(Disaster Preparedness) of party requiring aid shall make a request for aid to the
local Emergency Management Coordinator /Director (Disaster Preparedness) of the
other party to this agreement.
2. That each party hereby authorizes and grants to its own local Emergency
Management Coordinator /Director (Disaster Preparedness), the authority to give to,
use and expend for the benefit of the other party to this agreement all available
resources needed to assist the requesting party in providing reasonable and
adequate protection for the residents of the requesting party.
3. That the party who is requested to extend aid may withhold resources
necessary to provide reasonable and adequate protection for its community;
4. That, unless otherwise specified, the Emergency Management (Disaster
Preparedness) forces of the party extending aid will continue to operate under the
command and control of their own leaders but those units actually rendering the
requested aid will come under the operational control of the Emergency Management
(Disaster Preparedness) authorities of the party receiving aid;
ORDINANCE -
EMERGENCY
MANAGEMENT
5. That the requesting party will provide for the physical needs of those
volunteers and personnel of the party extending;
6. That the party receiving aid will pay to the party extending aid all costs
and expenses which, the party extending aid incurred by reason bf extending the aid;
7. That the party receiving aid will indentify, save, defend and hold harmless
the party extending aid from any action or suit arising out of supplying or extendi
aid;
8. That the party receiving aid will reimburse and make whole the party
extending aid for any and all damage to equipment or loss of materials incurred by
reason of extending aid;
9. That the party requesting aid will provide Workman's Compensation coverage,
to the extent required of either party by State Law, for the extending party's fore
that actually render the requested aid.
IN WITNESS WHEREOF, the parties have set their hands and seals as of the
date set forth above.
ATTEST:
Vanessa W. Young
Clerk to the Board
ATTEST:
Ramona 0. Warren
Town Clerk
HARNETT COUNTY
BY: s /Jesse Alphin
Chairman, Board of County Commissioners
BY: s /Jerry L. Hickok
Mayor, Erwin
Upon motion of Commissioner Stewart, seconded by Commissioner Collins
the following Harnett County Disaster Relief and Assistance Plan,
Annex A - Emergency Management Ordinance and Agreement, Appendix 1 -
Harnett County EM Ordinance was adopted by the following vote:
Ayes: 5 Noes: 0 Abstained: 0 Absent 0
HARNETT COUNTY DISASTER RELIEF AND ASSISTANCE PLAN;ANNEX A - EMERGENCY MANAGEMENT
ORDINANCE AND AGREEMENT; APPENDIX 1 - HARNETT COUNTY EM ORDINANCE
The County of Harnett ordains: Article 1. Harnett County Emergency Management
Agency.
Section I. Short Title
This ordinance shall be cited and referred to as "Emergency Management Ordinance
for the County of Harnett."
Section II. Intent and Purpose
1. It is the intent and purpose of this Ordinance to establish an office that
will insure the complete and efficient utilization of all of the resources of Harnett
County and its municipalities to combat disaster resulting from enemy actions or
other disasters as defined herein.
2. The Harnett County Office of Emergency Management will be the coordinating
agency for all activities in connection with Emergency Management; it will be the
instrument through which the Harnett County Board of Commissioners may exercise the
authority and discharge the responsibilities vested in them during disaster
emergencies.
3. This Ordinance will not relieve any County Department of the moral responsi
bilities or authority given to it in the County Charter or by local ordinances, nor
will it adversely affect the work of any volunteer agency organized for relief in
disaster emergencies.
SECTION III. Definitions
1. The following definitions shall apply in the interpretation of this Article:
a. "Emergency Management" shall mean those plans, actions and procedures
necessary to provide protection to the people against loss of life, injury,
and loss or damage to property caused by natural phenomena or man -made
causes such as war, insurrection, riot or accidents; and those measures
necessary to mitigate the effects of the destructive forces of man and na-
ture, to provide for response to disaster conditions and for the relief or
suffering and hardship resulting from such conditions and to initiate
rehabilitation of persons and restoration of essential services and accept-
able standards of living. (GS 166 -2 (1) Extract).
b. "Attack" shall mean direct or indirect assault against the County of
Harnett, its government, its environs, or of the nation by the forces of
a hostile nation or the agents thereof, including assault by conventional
or nuclear bombing, chemical or biological warfare or sabotage.
c. "Disaster" includes but is not limited to actual or threatened enemy
attack, sabotage, extraordinary fire, flood, storm, epidemic or other
impending or actual calamity endangering or threatening to endanger healt
life, property or constituted government.
d. "Emergency Management Forces " shall mean the employees, equipment,
and facilities of all County departments, boards, councils, institutions,
and commissions. It shall also include all volunteer personnel, equip-
ment, and facilities contributed by or obtained from volunteer persons or
agencies.
e. "Volunteer" shall mean contributing a service, equipment or facilities
to the Emergency Management Agency without renumeration.
f. "Emergency Management Volunteer" shall mean any person duly registered
identified and appointed by the Coordinator of the Harnett County Emergent
Management Agency and assigned to participate in the Emergency Management
activity.
g. "Coordinator" shall mean the Coordinator of the Harnett County
Emergency Management Agency, appointed as prescribed in this Ordinance.
h. "Regulations" shall include plans, programs and other emergency
procedures deemed essential to emergency management.
Section IV. Authority and References
1. Federal Civil Defense Act of 1950, as amended.
2. N. C. Civil Defense Act of 1951, as amended. (Gen. Stat. Ch. 166)
( Gen. Stat. 147 -11.1 Ch. 3 and 3A)
Section V. Organization and Appointments
1. The organization shall consist of the following:
a. An agency of Emergency Management within the executive department of
the Harnett County government under the direction of the Harnett County Board
of Commissioners. The agency head of the Harnett County Emergency Management
Agency shall be known as the Coordinator, and such assistants and other employ-
ees as are deemed necessary for the proper functioning of the agency will be
appointed.
b. The employees, and resources of all Harnett County department boards,
institutions, and councils will participate in the emergency management acti-
vities. Duties assigned to each County department shall be the same or
similar to the normal duties of the department, where possible.
c. Volunteer personnel and agencies offering service to and accepted
by the county.
2. The Harnett County Board of Commissioners shall appoint a Coordinator of
the Harnett County Emergency Management Agency who shall be a person well
versed and trained in planning operations involving the activities of many
different agencies which will operate to protect the public health, safety and
welfare in the event of danger from enemy action or disaster as defined in
the Ordinance.
3. The Coordinator shall designate and appoint Deputy Coordinators to assume
the emergency duties of the Coordinator in the event of his absence or inability
to act.
Section VI. Emergency Powers and Duties
1. Coordinator of Harnett County Emergency Management Agency
a. During any period of disaster or when Harnett County has been struck
by disaster, within the definition of this Ordinance, the Emergency Management
Coordinator may promulgate such regulations as he deems necessary to protect
life and property and preserve critical resources. This promulgation of
regulations solely by the Coordinator will be only when immediately of
necessary action precludes contact and discussion with the Harnett County Board
of Commissioners. Such regulations may include, but shall not be limited to
the following:
1. Regulations prohibiting or restricting the movement of vehicles
in order to facilitate the work of emergency management forces, or to
facilitate the mass. movement of persons from critical areas within the county.
2. Regulations pertaining to the movement of persons from areas deemed to
be hazardous or vulnerable to disaster.
3. Such other regulations necessary to preserve public peace, health, and
safety.
4. Regulations promulgated in accordance with the authority above will be
given widespread circulation through all avenues of the news media.
Section VII. Day to Day Duties and Responsibilities of the Coordinator
1. The Coordinator shall be responsible to the Harnett County Board of Commissioner;
in regard to all phases of the emergency management activity. The Coordinator -shall be
responsible for the planning, coordination and operation of the emergency management
activities in Harnett County. The Coordinator shall maintain liason with the State and
Federal authorities and the authorities of nearby political subdivisions so as to insure
the most effective operation of the emergency management plans. The Coordinator's duties
shall include, but not be limited to, the following-
a. Coordinating the recruitment of volunteer personnel and agencies to augment
the- personnel and facilities of the County of Harnett for emergency management
purposes.
b. Development and coordination of plans for immediate use of all facilities,
equipment, manpower and other resources of the county for the purpose of minimizing
or preventing damage to persons and property; and protecting and restoring to use-
fulness governmental services and public utilities necessary for the public health,
safety, and welfare.
c. Negotiating and concluding agreements with owners or persons in control
of building or other property for the use of such building or other property for the
emergency management purposes and designating suitable buildings as public shelters.
d. Through public informational programs, educating the populace as to actions
necessary and required for the protection of their persons and property in case of
enemy attack or disaster as defined herein, either impending or present.
S. Conducting public practice alerts to insure the efficient operation of the
emergency management forces and to familiarize residents with emergency management
regulations, procedures, and operations.
f. Coordinating the activity of all other public and private agencies engaged
in any emergency management activities.
Section VIII. Emergency Management Plans
1. Comprehensive emergency management plans shall be adopted and maintained by
resolution of the Harnett County Board of Commissioners: In the preparations of these
plans as it pertains to county organization, it is intended that the services, equipment
and facilities and personnel of all existing departments and agencies shall be utilized
to the fullest extent. When approved, it shall be the duty of all municipal departments
and agencies to perform the functions assigned by these plans and to maintain their
portions of the plans in a current state of readiness at all times. The Basic Emergency
Operations Plan and Disaster Operations Plan shall have the effect of law whenever a
disaster, as defined in this Ordinance has been proclaimed.
2. The coordinator shall prescribe in the emergency plans those positions within
the disaster organization, in addition to his own, for which lines of succession are
necessary. In each instance, the responsible person will designate and keep on file with
the Coordinator a current list of three (3) persons as successors to his position. The
list will be in order of succession and will nearly as possible designate persons best
capable of carrying out all assigned duties and functions.
3. Each service chief and department head assigned responsibility in the Basic
Plan shall be responsible for carrying out all duties and functions assigned therein.
Duties will include the organization and training of. assigned employees and where
needed volunteers. Each chief shall formulate the operational plan for his service
which, when approved, shall be an annex to and apart of the Basic Plan.
4. Amendments to the Basic Plan shall be submitted to the Coordinator. If
approved, the Coordinator will then submit the amendments to the Harnett County Board
of Commissioners with his recommendation for their approval. Such amendments shall
take effect 30 days from the date of approval.
9
5. When a required competency or skill for a disaster functions is not avail-
able within local government, the Coordinator is authorized to seek assistance from
persons outside of government. The assignment of duties, when of a supervisory
nature, sahll also grant authority for the persons so assigned to carry out such
duties prior, during, and after the occurrence of a disaster. Such services from
persons outside of government may be accepted by local government on a volunteer
basis. Such citizens shall be enrolled as emergency management volunteers in
cooperation with the heads of local government departments affected.
Section IX. No Municipal or Private Liability
1. This Ordinance is an exercise by the County of Harnett of its governmental
functions for the protection of the public peace., health and safety, and the County
of Harnett, its agents and representatives, or any individual, receiver, firm,
partnership, corporation, association, or trustee, or any of the agents thereof
in good faith carrying out, complying with or attempting to comply with any
order, rule or regulation promulgated pursuant to the provisions of this Ordinance,
shall not be liable for any damage sustained to persons or property as the result
of said activity.
2. Any person owning or controlling real estate or other premises who
voluntarily and without compensation grants the County of Harnett the right to
inspect, designate and use the whole or any part or parts of such real estate
or premises ofr the purpose of sheltering persons during an actual, impending or
practice disaster situation shall not be civilly liable for the death of, or
injury to, any persons on or about real estate or premises under such license,
privilege or other permission; or for loss of, or damage to the property of such
person.
Section X. Violation of Regulations
It shall be unlawful for any person to violate any of the provisions of this
Ordinance or of the regulations or plans issued pursuant to the authority
contained herein, or to willfully obstruct, hinder or delay any member of the
Emergency Management Ordinance or any regulations or plan issued thereunder.
Section XI. Severability
Should any provisions of this Ordinance be declared invalid for any reason,
such declaration shall not affect the validity of other provisions, or of this
Ordinance, as a whole, it being the legislation intent that the provisions of this
Ordinance shall be severable and remain valid notwithstanding such declaration.
Section XII. Conflicting Ordinances, Orders, Rules and Regulations Suspended
At all times when the orders, rules and regulations made and promulgated
pursuant to this Article shall be in effect, they shall supersede all existing
ordinances, orders, rules and regulations insofar as the latter may be inconsistant
therewith.
Section XIII. Effective Date
This Ordinance shall take effect on the 15th day of February, 1982.
s /Jesse Alphin
Jesse C. Alphin, Chairman
Harnett County Board of Commissioners
ATTEST:
s /Vanessa W. Young
Vanessa W. Young, Clerk to the Board
RESOLUTION: Commissioner Collins made a motion that the following resolution be
PAVE ROAD IN adopted, Commissioner Shaw seconded the motion and it carried with
COATS a unanimous vote:
BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS that the road
going to the Coats Recreation Park be added to the State Secondary Road System
for Maintenance.
BUDGET AMEND- Clyde Ross, Register of Deeds, appeared before the Board and requeste
MENT -- REGISTER the following budget amendment:
OF DEEDS
Code 480 -074, Capital Outlay -- Equipment, Decrease by $1,000
Code 480 -045, Contracted Services, Increase by $1,100
Code 480 -054, Insurance & Bonds, Increase by $260
Code 480 -011, Telephone & Postage, Increase by $400
Commissioner: Shaw made a motion that the above - described budget amend-
ment be approved, Commissioner Stewart seconded the motion and it
carried unanimously.
JOHNSONVILLE FIRE
REQUEST
Mr. Haywood Bunnell appeared before the Board as spokesperson
for the citizens from the Johnsonville area Mr. Bunnell
informed the Board that the .Cameron Fire Department and Vance
Fire Department have been responding to fire calls in the
Johnsonville area in the past, but they recently informed the
citizens in this area that they could not respond to any
further fire calls beyond the county line without financial
assistance from Harnett County.' Mr. Bunnell stated that
Cameron Fire Department had requested that the County pay them
$145QQ' annually which they would split- with Vance Fire
Department. The Board explained to Mr. Bunnell that a
fire district would have to be established and a levy set in
the Johnsonville area in order to pay Cameron Fire Department.
Following a discussion of this matter, Commissioner Shaw made
a motion that Commissioner Stewart; M. °H.- Brock, County Manager
and Edward H: McCormick,' County Attorney; form a committee
with a representative from this area to see what assistance
could be provided to these citizens. Commissioner Collins'
seconded the motion and it carried.
JOHNSONVILLE Mr. Bunnell also expressed a need to the Commissioners for a
REQUEST mini - dumpster in his community. The Board stated that they
would check into the possibilities of locating a dumpster in
this area and that Mr. Bunnell could discuss this matter in
detail with Mr. Brock when they met concerning the fire
department.
INDUSTRIAL FACILITIES Clenton Smith, Director of the Harnett County Planning &
& POLLUTION CONTROL Development Office, appeared before the Board and gave an
FINANCING AUTHORITY annual progress report and financial report on the Harnett -
County'Industrial Facilities and Pollution Control Financing
Authority.
REDISTRICTING Commissioner Brock moved for the adoption of the following
resolution concerning redistricting, Commissioner Collins
seconded the motion and it carried:
WEK KAS,,Harnett County strongly opposes the proposed redistricting
of the 14th and 15th Senatorial Districts; and
DUMPSTER'
WHEREAS, Under this proposal, two townships in Harnett County which
make up the eastern part -of the County, Averasboro and Grove, would
be placed in what would become the 15th Senatorial District with
Sampson County and a majority of Johnsont County; and
WHEREAS, this redistricting would place a majority of the district's
population and voting force in Sampson and Johnston Counties; and
WHEREAS, this redistricint of Harnett County would result in the
people of Dunn and Coats and the other citizens of Averasboro and Grove
forming into two. - little. isolated precincts with little . or no voice in
who would represent us in the Senate; and
WHEREAS,.the remainder of Harnett and Lee County-would be in a
multi- district with Wake County which would leave Harnett and Lee
Counties with not enough votes to elect a Senator from this area; and
WHEREAS, the proposed plan would only serve to weaken Harnett County
and Lee County in having a voice in the election of a Senator from the
proposed district.
NOW,' THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF
COMMISSIONERS` THAT
1. Harnett County Board of Commissioners "strongly oppose the present
proposed plan for redistricting of the 14th and 15th Senatorial District...
2., Harnett County would prefer a one man single district plan and
that the counties that are being divided or split should be the larger
counties which now have two or more Senators.
3. The Harnett County Board of Commissioners- supports the
redistricing plan - one man, one district - in which the Dunn Area
Chamber of Commerce and other leaders in Harnett County have proposed.
HARNETT COUNTY BOARD OF COMMISSIONERS
s /Jesse Alphin
Chairman
11
CHEESE
ADJOURNMENT
M. H. Brock, County Manager, informed the Board that the
cheese arrived. in Harnett County today and that it would be
delivered to the citizens on February 23, 24, and 25, 1982.
There being no further business, the Harnett County Board of
Commissioners meeting of February 15, 1982, duly adjourned at
8:45 p.m.
i
chairman
l /
Secretary
Clerk