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HomeMy WebLinkAbout02151982HARNETT 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