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April 14, 2020 <br />The Mooresville Town Council met in a special session on Friday, April 14, 2020 at 7:00 P. M. at the <br />Mooresville Government Center. <br />Council members physically present were, Council President Shane Williams, and Councilman Tom <br />Warthen. Councilwoman Jessica Hester, Councilman Dustin Stanley, and Councilman Jeff Cook were <br />present via telephone. Town attorney Chou-il Lee was present via telephone. <br />Councilman Tom Warthen gave the prayer. <br />New Business - <br />n �d <br />Tornado Response —Town Council President, Shane Williams presented the council with a Proclamation <br />of Disaster as a result of the recent tornado event. Town Attorney Chou-il Lee introduced to the town <br />council, Attorney Beth Copeland. With her area of expertise in emergency management, Mr. Lee <br />believed it would be beneficial for her to discuss the Proclamation. She explained that the proclamation <br />authorizes the town council to declare a local disaster emergency allowing the town to implement the <br />comprehensive emergency plan that had been adopted by the council in 2005, and allow the town to <br />reach out to the county and the state for emergency relief. <br />Mark Turney from the Morgan County Emergency Management addressed the council stating that the <br />State of Indiana has an emergency management plan already in place, and under that plan the Town <br />Emergency Manager does not have the authority to contact the State or FEMA. Once the town's <br />resources for this emergency are exhausted it then moves to the County resources then Mr. Tumey's <br />office will request assistance from the State. This procedure is laid out in an Indiana State code that <br />details the procedure for this. And the town emergency plan needs to be amended to line up with State <br />code. <br />Attorney Beth Copeland agreed with Mr. Tumey, and stated that the purpose for the Proclamation is <br />just the first step to being able to reach out to the County and the State for assistance, and since the <br />town is now facing an emergency it would be prudent to begin dealing with the situation at hand and <br />then begin to look at rewriting the Town emergency plan. By doing this now it prevents any delays in the <br />future and gives a good foundation for moving forward. <br />Councilman Warthen noted that the town emergency plan had not been reviewed in recent years. He <br />also noted that there was no end date to the proclamation only the start date of April 15, 2020 and was <br />under the impression that it was only to last 7 days. <br />Attorney Beth Copeland stated that the 7 -day clause in the emergency plan gave the Executive authority <br />for the council President to declare an emergency without the need for council approval for 7 days at <br />which time the council needed to adopt the proclamation in order to extend it. The council president did <br />not issue an executive emergency declaration, so the Council must now issue the proclamation. <br />Councilman Warthen then asked if the clause about authorizing essential services in order to mitigate <br />damage from the local disaster only pertained to public property and if it pertained to circumventing <br />current ordinances and procedures for permanent construction. <br />Attorney Beth Copeland stated that clause was intended to allow the council to make the decisions <br />needed for temporary construction measures in the immediate future so that the residents of the town <br />do not lose essential services. It does not give the council the ability to bypass any committees for any <br />permanent construction that may be required in the future. <br />When asked, Mark Turney let the council know that a declaration of disaster is typically only declared <br />after the town has exhausted all of its resources to handle a disaster. Only the declaration of an <br />emergency by the governor will trigger the ability to bring in additional resources such as FEMA. <br />