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07071981622 HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, JULY 7, 1981 CALL TO ORDER PRAYER DON DUPREE ALARM ORDINANCE The Harnett County Board of Commissioners met in regular session on Tuesday, July 7, 1981, in the Commissioners Room, County Office Building, Lillington, North Carolina, with the following members present: Lloyd G. Stewart, M. H. Brock, Bill Shaw, and Chairman Jesse Alphin presiding. Commissioner Rudy Collins was absent. 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 9:10 a.m. Commissioner Bill Shaw led the morning prayer. Don Dupree, District Engineer with the North Carolina Department of Transportation, appeared before the Board to discuss road matters and situations in Harnett County. Larry Knott, Operations Officer with the Harnett County Sheriff's Department, appeared before the Board and presented the following Ordinanace Regulating Alarm System Usage when Usage Involves Automatic Signal Transmissions to Law Enforcement Agencies and Requiring Registration of Alarm System Companies. BE IT ORDAINED BY THE COUNTY BOARD OF COMMISSIONERS OF HARNETT COUNTY. Section 1. Authority. This Ordinance is adopted pursuant to North Carolina General Statute 153A -121 to regulate acts detrimental to the health, safety and welfare of its citiznes and as permitted by North Carolina General Statute 74C -3(2). Section 2. Purpose. The purpose of this Ordinance is for alarm system companies doing business in Harnett County to register their names and file copies of their certifica- tion from the Private Protective Services Board of North Carolina; further to regulate usage of alarmsystems and require permits when usage involves the automatic signal transmission to a Harnett County law enforcement agency, with the desired end of minimizing the waste of law enforcement resources caused by false alarms and minimizing the hazard to the general public that would be caused by law enforcement vehicles responding as in emergency situations to false alarm calls. Section 3. Definitions. The following words and phrases when used in this section, shall, for the purpose of this section, have the meanings respectively ascribed to them below: A. Alarm System. Any electronic or mechanical device transmitting an alarm signal outside the location intended to alert law enforcement personnel to an actual or attempted unauthorized entry into a building or to the commission or attempted commission of a crime and /or to alert fire personnel of a fire. The definition shall include, but not be limited to, "silent," "audible," and direct telephone dialer alarms. B. Alarm System Business. Shall mean any person, firm, association, partnership, group of persons, or corporation which installs, services, or responds to electrical, electronic, or mechanical alarms, signal devices, burglar alarms, television camera or still cameras used to detect burglary, breaking or entering, intrusion, shoplifting, pilfer- age, vandalism, fire, or theft for a fee or other valuable consideration. Provided, however, it shall not include a business which merely sells or manufactures alarm systems unless such business services, installs, monitors, or responds to alarm systems at the protected premises. This definition does not include a person employed regularly and exclusively as an employee by one employer in connection with the business affairs of such an employer. Provided further, the regulation of alarm system businesses shall not include installation, servicing, or responding to any alarm system or device which is installed in a motor vehicle, air- craft or boat. C. Alarm User. Shall mean any person, firm, association, or corporation of any kind in control of any building, structure, or facility wherein an alarm system which is intended to transmit messages to the Sheriff Department is installed, operated and maintained. D. Board of Commissioners. Shall mean the Board of Commissioners of the County of Harnett. E. Sheriff. Means the Sheriff of Harnett County or any designated person acting in his behalf. F. County. Means the County of Harnett. G. Communications Center. Means that area, room, or space designated or set aside by the Sheriff for the purpose of answering telephones, monitoring alarms, dispatching of emergency vehicles whether fire, police, sheriff, rescue or civil defense personnel. H. Telephone Company. Shall mean a utility that furnishes service within the geographical boundaries of Harnett County. I. Special Trunkline. Shall mean a telephone line leading into the Sheriff Department's Communication Center having the primary purpose of receiving alarm signals or messages. J. False Alarm. An alarm signal indicating that an entry or other crime was committed or attempted when, in fact, evidence indicates, upon inspection after response to the alarm, that the alarm was activated through the alarm users' negligence or equipment malfunction within the control of the alarm user or alarm business operator. An alarm signal caused by conditions of nature, such as storms, tornados, hurricanes, or other extraordinary circumstances not reasonably subject to control by the alarm user or alarm business operator shall not be deemed a false alarm. An alarm signal transmitted during testing procedure approved in advance by the Communications Center or a designee of the Center shall not be deemed a false alarm. Section 4. Registration of Alarm Companies. No person, persons, firms, associations, partnerships, cooperatives, or corporations shall install or repair any alarm system in the County of Harnett without first registering with the County. Such registration shall be upon forms supplied by the County and shall include at a minimum, the name, address, telephone number, and a copy of the Alarm System Business's certification from the Private Protective Services Board of North Carolina. Any one not so registered, shall not be permitted access to any of the equipment, wires, terminals, alarm receiving panel or any other appurtenances of any alarm system in the County. Section 5. Application for Permit to Use and Operate an Alarm System. Application for permits to use and operate an alarm system which is intended to automatically transmit a signal, message or warning to the Sheriff Department shall be filed with the County Manager on forms supplied by the County, together with an application fee of Twenty Dollars ($20.00). Said application shall include the name, address and telephone number of the person, persons, firm, corporation or company who will be using the alarm system as well as a description of the premises where the system will be used and its location. The County Manager shall approve the application if he finds that the use of said alarm system to transmit a signal, message or warning to the Sheriff Department will not interfere with the orderly conduct of County business. The County of Harnett, its agents, servants and employees shall not be responsible for the installation, maintenance, servicing or functioning of the alarm system and all permits issued shall bear a warning to that affect. Section 6. Right of Inspection. The Sheriff of the County or his designee shall have the right to test any alarm system on the premises where it is intended to function prior to issuance of any permit for its operation, and he may cause a test of such system to be made at any time after issuance of a permit to determine whether it is being used in conformity with the terms of the permit and the provisions of this article. Section 7. Alarm Logs. There shall be maintained in the Sheriff Department a log in which shall be entered the names of all persons who seek or are granted access to any part of the Communications Center. The log shall also show the date and time such person seeks or is granted such access and the purpose for such access. As a part of this log book, the names, addresses and telephone numbers of each of the companies which has installed an alarm system shall be shown, together with a designation of which system or systems said company has installed. Section 8. Penalties. A. False alarms resulting from any alarm system tied into the Communications Center constitute a public nuisance, and shall cause the alarm user to be assessed a civil penalty which may be recovered by the County in a civil action in the nature of a debt. B. Alarm users required to have permits shall keep the Commiunication Center notified of at least two persons .available at all times to respond to an activated alarm system within 30 minutes of notification. A change in`ahe two persons must be made in a written notification to the Sheriff. Failure to meet these requirements shall constitute a violation subjecting the alarm user to the below penalties. C. The following schedule of civil penalties may be assessed against an alarm system user in violation of the provisions of this ordinance. .Schedule of .Civil Penalties 1. For a first violation and for a second violation within any 90 day period, no penalty. 2. For a third violation within any 90 day period, $15.00. 3. For a fourth violation within a 90 day period, $30.00. 4. For a fifth violation within a 90 day period, -$30.00, and the alarm will be disconnected. D. If the Sheriff Department records five or more false alarms within a 90 day period 1. The Sheriff shall notify the alarm user and the alarm system business providing service to the user by certified mail of such fact and direct that the user submit a report to the Sheriff within (10) ten days of receipt of the notice describing actions taken or to be taken to eliminate the cause of the false alarms. 2. If no report is submitted or if the Sheriff determines that the actions taken or to be taken will not prevent the occur- rence of false alarms, the Sheriff shall give notice by certified mail to the user that the permit will be revoked without further notice on the tenth day after the date of the notice if the user does not file within that period a written request for a hearing. 3. If a hearing is requested, written notice of the time and place of the hearing shall be served on the user by the Sheriff by certified mail at least ten (10) days prior to the date set for the hearing, which date shall not be more than twenty -one (21) nor less than ten (10) days after the filing of the request for hearing. 4. If a hearing is conducted pursuant to subsection C(3) above at which the Sheriff finds as a fact that the alarm system has been installed, maintained or operated in violations of the provisions of this Ordinance, or any term or condition of said permit, the Sheriff shall revoke the holder's permit to install or operate the alarm system and said system shall be disconnected from the Communication Center. Such revocation may be appealed to the Board of Commissioners for a de novo hearing, and from there to the Court as permitted by the North Carolina General Statutes and shall not be effective pending any appeal. 5. In case of a revocation, a new permit for the same alarm system or alarm user may be issued with the approval of the operations officer of the Sheriff Department under the provis- ions of this Ordinance, upon satisfactory proof that any outstanding civil penalties have been paid and that the alarm system has been modified to minimize further violations. Section 9. Installation and Maintenance of Alarm Receiving System. The Sheriff Department, by whatever method or arrangement it deems best, shall provide for the receiving of alarms within the Sheriff Depart- ment. No company which has not been designated to install or maintain such receiving equipment, shall install, repair, or maintain such equipment and facilities. All companies wishing to connect to the receiving equipment shall give the company designated by the Sheriff Deaprtment to make such connections reasonable notice prior to such connection being made. Section 10. Severability. If any section, sentence, clause ornphrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinate. ACTION BUDGET AMENDMENT TO METRO OATH OF OFFICE FOR TAX COLLECTOR/ TAX SUPERVISOR Section 11. Allocation of Revenues. All fees, fines, and forfeitures of bail collected pursuant to this Ordinance shall be general fund revenue for the County of Harnett. Duly adopted by the Harnett County Board of Commissioners this the Sev- enthday of July, Nineteen Hundred and Eighty One Commissioner Shaw introduced the foregoing ordinance and moved its passage. Commissioner Stewart seconded the motion and the ordinance was passed by the following vote: Ayes: Commissioners Stewart, Brock, Shaw and Alphin Noes: None Absent: Rudy Collins Abstained: None Commissioner Brock made a motion that the N. E. Metropolitan Water District Budget, Code 30- 810 -74, be increased by $3,525. Commissioner Shaw seconded the motion and it carried. Thomas Allen, Tax Supervisor and Tax Collector, took and sub- scribed to the following oath of office which was administered by Ruby Currin, Assistant Clerk of Superior Court: I, Thomas Allen, do solemnly swear (or affirm) that I will support and maintain the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my office as Tax Supervisor and Tax Collector of Harnett County, North Carolina, and that I will not allow my actions as Tax Supervisor and Tax Collector to be influenced by personal or political friendships or obligations, so help me God. OATH OF OFFICE Vanessa W. Young, Finance Officer and Clerk to the Board, took FOR FINANCE OFFICER and subscribed to the following oath of office which was CLERK TO THE BOARD administered by Ruby Currin, Assistant Clerk of Superior Court. AMBULANCE SERVICE REPORT TAX COLLECTOR'S REPORT I, Vanessa W. Young, do solemnly swear (or affirm) that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my offices as Finance Officer and Clerk to the Board of Harnett County, North Carolina, and that I will not allow my actions as Finance Officer and Clerk to the Board to be influenced by personal or political friend- ships or obligations, so help me God. Dan Gardner, Captain of the Harnett County Ambulance Service, appeared before the Board and presented an annual report on the activities of his department. Thomas Allen, Tax Collector, appeared before the Board and reported on the June activities of this department, and his plans for the month of July, 1981. TAX SUPERVISOR'S Thomas Allen, Tax Supervisor, appeared before the Board and REPORT requested the following refunds: ALARM ORDINANCE 1. Ruby D. Turlington, Lillington Township, refund in the amount of $87.13. The State Board of Assessment reduced thevalu of two lots located on Front Street and River Road from $63,790 to $54,000. 2. Kenneth Mack and Carolyn S. Johnson{ Duke Township, refund in the amount of $160.47, house was priced as brick veneer but only 1/3 was brick. The house was also priced as completed and it was only 90% completed. Commissioner Stewart made a motion that the above described refunds be approved. Commissioner Shaw seconded the motion and it carried. Commissioner Shaw made a motion that regular progress reports be presented to the Board by the Sheriff's department concerning the Alarm Ordinance: permits obtained, fees collected, inspecti made, false alarms sounded, alarms answered by the deputies, etc. Commissioner Stewart seconded the motion and it carried. 6" 6 TAX ATTORNEY'S REPORT APPOINTMENTS TO DUNN PLANNING BOARD AND DUNN ZONING BOARD NACO VOTING DELEGATE ADJOURNMENT The following Tax Attorney's report was filed with the Board: NAME SUIT NO. AMOUNT COLLECTED ATTORNEY'S FEE JOHNSONVILLE Leonard Gilchrist 79 CVD 600 AVERASBORO Johnny Franklin:,& Margie Young no suit started Wayne Jackson Lee no suit started TAX SUITS COMMENCED AVERASBORO Jerry Lynn White, et als. 81 CVD 0489 BARBECUE William E. Hyde, et al UPPER LITTLE RIVER Truman Jodie Campbell, et al 81 CVD 0488 81 CVD 0487 $661.65 $40.00 607.80 25.00 1,526.38 25.00 $3,331.19 $90.00 10.00 10.00 10.00 TOTAL $120.00 Commissioner Stewart made a motion that Harold Pope, Bill Glover, and Alsey Johnson be appointed to the Dunn Planning Board; and Charles Hardy, Nathan Johnson, and Jerry Carr to the Dunn Board of Zoning Adjustments. Commissioner Shaw seconded the motion and it carried with a unanimous vote. Commissioner Stewart made a motion that M. H. Brock be appointed as Voting Delegate for the 46th Annual National Association of Counties Conference in Jefferson County, Kentucky. Commissioner Shaw seconded the motion and it carried with a unanimous vote. There being no further business, the Harnett County Board of Commissioners meeting of July 7, 1981, duly adjourned at 10:25 a.m. Chairman Recordin<A'Secretary Clerk 6