HomeMy WebLinkAboutMinutes - 199009181 MINUTES
2 ORANGE COUNTY BOARD OF COMMISSIONERS
3 REGULAR MEETING
4 SEPTEMBER 18, 1990
5
6 The Orange County Board of Commissioners met in regular session
7 on Tuesday, September 18 in the Courtroom of the old Post Office in
8 Chapel Hill, North Carolina.
9
10 BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr., vice-Chair
11 Stephen Halkiotis, Commissioners John Hartwell, Shirley E. Marshall and
12 Don Willhoit.
13
14 STAFF PRESENT: County Manager John M. Link, Jr., Assistant
15 County Manager Albert Kittrell, Deputy Clerk to the Board Kathy Baker,
16 Recreation and Parks Director Mary Anne Black, Clerk to the Board
17 Beverly Blythe, Housing and Community Development Director Tara Fikes,
18 Personnel Analyst Eleanor Green, Transportation Coordinator Kathy Lewis,
19 Department on Aging Director Jerry Passmore and Planner David Stancil.
20
21 NOTE: ALL DOCUMENTS REFERENCED IN THESE MINUTES ARE IN THE PERMANENT
22 AGENDA FILE IN THE CLERK'S OFFICE.
23
24 I. BOARD COMMENTS
25
26 Commissioner Halkiotis asked the Manager for a report for the
27 next meeting on the reservoir issue and the Town of Hillsborough. He
28 expressed concern about the underutilization of the electronic house
29 arrest program. A report will be forthcoming on the program and why it
30 is not being used more. With regard to the County's request for
31 extension of water and sewer to the 911 building, Commissioner Halkiotis
32 stated that Hillsborough has tabled the request. He asked for a report
33 on what will speed up this process.
34 Commissioner Hartwell informed the Board about the sewer problems
35 at Camp New Hope which need to be considered when extending water and
36 sewer to this area. He feels the Town does plan to eventually approve
37 this extension after further study. The Manager will give a report on
38 this issue at the next meeting.
39 Commissioner Willhoit stated that one strategy to consider for
40 a reservoir would be to build a small dam upstream from the proposed dam
41 on Seven Mile Creek. This impoundment may hold an amount of water
42 similar to that on the West Fork of the Eno. Also, with reference to
43 the recommended legislative goals for next year, he suggested that a
44 letter be sent to the Association asking them to continue to make top
45 priority the development of other revenue sources to minimize dependency
46 on the property .tax and to reinforce the goal for the State to meet its
47 commitment to fund the Basic Education Program.
48 Commissioner Halkiotis asked for a report on the $66,000
49 allocation that was made to the Town of Hillsborough to help alleviate
50 the sewer bottleneck for the Meadowlands.
51 Commissioner Hartwell informed the Board of a single car accident
52 in which a man was killed. There were some communication problems
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1 between EMS and the EMS volunteers. The transport of the body fell
2 under non-emergency transport and the body laid there for four hours.
3 He feels there should be a clear distinction between convalescent
4 transport of the type planned ahead or removal of a body when someone
5 dies at home and a highway fatality or a drowning. Commissioner
6 Marshall asked that the EMS Council be allowed to discuss this and come
7 to an agreement on that level rather than the County Commissioners
8 giving direction. John Link indicated that a meeting will be held with
9 both rescue squads to work out a policy for this kind of situation. A
10 report will be given at the next meeting.
11 Chair Carey asked for a report on Senate Bill 766. He also
12 commended PIPR for the work done on the "Report to the People" as well
13 as all the County employees who contribute to make Orange County the
14 kind of service organization it is. He reported that at the last
15 Orange, Durham, Chapel Hill, Carrboro TAC meeting they considered a new
16 proposal for federal highway funding which deals with highways of
17 national significance. He feels this may have some potential for Orange
18 County roads and requested that the staff give a brief update on the
19 potential this may have on Orange County roads.
20 Commissioner Hartwell stated that when the Aging Board increased
21 their rent to the ArtsCenter, it caused some doubts as to the security
22 of maintaining the Senior Center at this location. He asked that
23 Chairman Carey assure the Chair of the Aging Board, Mr. Murdock, that
24 there is no reason to think this center will not continue. Also, he
25 reported that progress is being made on the Efland project.
II. COUNTY MANAGER'S REPORT
John Link commended the Child Enforcement Program "KIDS". He
described the project and indicated it was a joint effort that took many
months of hard work to implement. A total of 350 delinquent parents
were noticed to be in court or make payments. Everyone worked together
and Monday 150 cases were heard. The majority of the other 200 cases
made arrangements to stay out of court. On Monday, $17,000 in past-due
support payments were collected. This is the first time a project like
this has been conducted in North Carolina. He again commended this
effort and Janet Sparks and her staff.
III. ADDITIONS OR CHANGES TO THE AGENDA
NONE
IV. AUDIENCE COMMENTS
A. MATTERS ON THE PRINTED AGENDA
Chairman Carey announced that those individuals who have
indicated a desire to speak to a specific item will be recognized at the
appropriate time.
B. MATTERS NOT ON THE PRINTED AGENDA
Lex Alexander, owner and operator of Well Spring Grocery i*'
Durham announced the opening of their new store in Chapel Hill thi
week. They are proud to be in Chapel Hill.
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2 PUBLIC CHARGE
3 Chairman Moses Carey, Jr. read the public charge.
4
5 V. ITEMS FOR DECISION - CONSENT AGENDA
6
7 Motion was made by Commissioner Hartwell, seconded by
8 Commissioner Halkiotis to approve those items on the Consent Agenda as
9 listed below:
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11 A. AGREEMENT BETWEEN ORANGE COUNTY AND NC MEMORIAL HOSPITAL FOR
12 SOCIAL WORKER I
13 To approve and authorize the Chair to sign the Agreement
14 between Orange County and North Carolina Memorial Hospital for a Social
15 Worker I to provide certification and counseling services eight (8)
16 hours per week at the Obstetrics and Gynecology Clinic.
17
18 B. ORANGE COUNTY LAND RECORDS ORDINANCE AMENDMENT
19 To amend the Ordinance to Implement the Orange County Land
20 Records Modernization Plan which would require the Register of Deeds to
21 require a plat presented for recordation to contain the property owner's
22 address and all other instruments presented for recordation to contain
23 the grantee's address.
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25 C. HUMAN SERVICES ADVISORY COMMISSION - MEMBERSHIP CHANGE
26 To approve a change in the membership for the HSAC to
27 eliminate one of the United Way members. The United Way of Orange
28 County will be represented by one member.
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31 VI. RESOLUTIONS/PROCLAMATIONS - NONE
32
33 VII. SPECIAL PRESENTATIONS - NONE
34
35 VIII. PUBLIC HEARINGS
36
37 A. HOUSING DEVELOPMENT GRANT APPLICATION
38 Tara Fikes presented for receipt of citizen comments the
39 proposed FY 1990 Housing Development Grant Application. This is part
40 of the process that must take place before an application can be filed.
41 Eligible projects include those designed for the creation of affordable
42 housing or increased housing options for low and moderate income
43 households. Orange County is eligible to apply for a maximum of
44 $250,000 and applications are due October 18, 1990.
45
46 CITIZEN COMMENTS
47 Mr. John Eckblad asked that the County apply for these funds
48 to pave the road in-the Habitat for Humanity's development in Chestnut
49 Oaks. It will cost an estimated $265,000 to build and pave the roads
50 in this development.
51 Mr. Nichols spoke in support of Mr. Eckblad's request.
52 Commissioner Hartwell endorsed the request.
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Chairman Carey closed the public hearing and referred all
comments to Ms. Fikes for her consideration is completing the grant
proposal.
I%. REPORTS
A. REPORT ON STATE SURVEY RESULTS OF THE FRAIL ELDERLY
Jerry Passmore reported that the North Carolina Division of
Aging requested Orange County to assist them in preparing a State Aging
Plan which will be required by the N.C. General Assembly in March, 1991.
Two surveys were administered. One survey identified priority services,
issues, and unmet needs to be addressed in the state plan for the Frail
elderly in the home or community setting, and the other survey listed
private and public funds being provided on behalf of the frail elderly.
B. TRANSPORTATION DEVELOPMENT PLAN PROGRESS REPORT
Mr. Fred Fravel, state hired consultant from Ecosometrics,
Inc., gave a brief report on the work plan, activities of the TDP
Steering Committee and the results of the county-wide transportation
inventory.
C. 1990 POST-CENSUS LOCAL REVIEW REPORT
David Stancil reported that the staff reviewed the
preliminary data on the Postcensus Local Review Response Form D-74B and
have determined that there are some units that have been missF'''
throughout the County. This information was forwarded to the regional
census center in Charlotte. If they accept the numbers which have been
submitted, it would raise the County's estimated population to 93,600.
D. CUSTOMER SERVICE REPORT
John Link outlined the training schedule for County employees
on customer service. This training will occur in the fall and winter.
He emphasized that once the training is completed, skills and attitudes
necessary for good customer service will be part of the workplan for
each County employee. Concurrently, the County's system of rewards and
recognition will respond to employees' demonstrations of exceptional
customer service . .._ __ _-
Commissioner Halkiotis referred to the PIPR committee and
stated he has concluded that they are extremely dedicated employees.
He asked that a letter of appreciation be sent to the members of the
PIPR committee and that they be honored with a plaque in recognition of
their dedication.
%. ITEMS FOR DECISION - REGIILAR AGENDA
A. MULTI-HAZARD PLAN
This plan outlines the County's operation in times of
disaster. The plan includes County Ordinances, Authorities, and
responsibilities of 'the Chair of the County Commissioners, the Manager's
Office and certain Department Heads.
Motion was made by Commissioner Hartwell, seconded b~T
Commissioner Halkiotis to approve the Orange County Multi-Hazard Pla
as the official disaster plan for Orange County and adopt the following
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Ordinances which are a part of the plan and a part of these minutes by
reference and attached on pages of these minutes:
Appendix 4 - Orange County Emergency Management Ordinance
Appendix 5 - County State of Emergency ordinance
and to repeal an existing ordinance entitled "AN ORDINANCE AUTHORIZING
THE CHAIRMAN OF THE BOARD OF COMMISSIONERS TO PROCLAIM RESTRICTIONS IN
RESPONSE TO THE NEEDS OF AN EMERGENCY."
VOTE: UNANIMOUS
B. PURCHASE OF NEW FIRE TRUCK FOR THE NEW HOPE VOLUNTEER FIRE
DEPARTMENT
The New Hope Volunteer Fire Department has contracted for the
purchase of two new fire trucks. The trucks will cost $313,807.20,
$125,000 of which. will be paid in cash at delivery. The balance will
be financed by New Hope. New hope is eligible for a loan at a lower
interest rate if the financing qualifies as a tax exempt financing under
the Internal-Revenue Code. To so qualify, Orange County must approve
the financing and conduct a public hearing or direct that one be
conducted.
Motion was made by Commissioner Willhoit, seconded by
Commissioner Hartwell to authorize the New Hope Volunteer Fire
Department to conduct a public hearing at 7:30 p.m., October 8, 1990 at
the New Hope Volunteer Fire Department. Building, 4700 N.C. 86 for the
purpose of receiving citizen comment on the lease purchase agreement
between New Hope and Emergency One, Inc.
XI. APPOINTMENTS
The following appointments were approved by the Board:
ADVISORY BOARD ON AGING - Richard Hildebrandt for a three-year
term in an "AT LARGE" position.
ARTS COMMISSION - Rosetta A. Breeze for a three-year term in an
"AT LARGE" position.
ECONOMIC DEVELOPMENT COMMISSION - Bill Bracey for a two-year
term as a representative of Chapel Hill.
XII. MINUTES
Motion was made by Commissioner Hartwell, seconded by
Commissioner Halkiotis to approve the minutes for the August 30, Joint
Planning Public Hearing and the August 30 Quarterly Public Hearing.
VOTE: UNANIMOUS
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3 XIII. EXECUTIVE SESSION - NONE
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6 XIV. ADJOURNMENT
6
1 With no further items to come before the Board, Chairman Moses
2 Carey, Jr. adjourned the meeting. The next regular meeting of the Board
3 will be held on Monday, October 1, at 7:30 p.m. in the Courtroom of the
4 Old Courthouse, Hillsborough.
5 Moses Carey, Jr., Chair
6 Beverly A. Blythe, Clerk
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APPENDIX 4
ORANGE COUNTY EMERGENCY MANAGEMENT ORDINANCE
The County of Orange Ordains: Article l Orange County
Department of Emergency Management.
-Section• 1-;-- Short-,Title
This ordinance shall be known and may be cited and referred
to as "Emergency Management Ordinance" for the County of Orange.
Section 2 . 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 County's resources to combat disaster
resulting from disasters as defined herein and administer the
daily functions of the Orange County Emergency Management.
(2) The Orange County Department of Emergency Management
will be the coordinating agency for all activity in connection
with Emergency Management. It will be the instrument through
which the Orange County Board of Commissioners may exercise the
authority and discharge the responsibilities vested in them during
disaster emergencies .
Section 3. Definitions
( 1) The following definitions shall apply in the
interpretation of this Article:
(a) "Emergency Management" is the basic government
functions of maintaining the public peace, health, and safety
during an emergency. This term shall include plans and
preparations for protection and relief, recovery and
rehabilitation from effects of a disaster as defined herein. It
shall not, however, include any activity that is the primary
responsibility of the military forces of the United States .
(b) - "Disaster". .includes but is not -limited to actual
or-..threatened- sabotage,. extraordinary fire, flood, storm,
epidemic,- accident, chemical spill or other impending or actual
calamity endangering or threatening to endanger health, life or
property of constituted government.
(c) "Emergency Management Forces" shall mean the
employees, equipment and facilities of all County
departments, boards, councils, institutions and commissions; and
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in addition, it shall include all volunteer personnel, equipment
and facilities contributed by, or obtained from, volunteer
persons or agencies .
(d) "Volunteer" shall mean contributing a service,
equipment, or facilities to the Emergency Management Agency
without-renumeration.
(e) "Emergency Management Volunteer" shall mean any
person duly registered, identified and appointed by the .
Director of the Orange County Department of Emergency Management
and assigned to participate in the Emergency Management Activity.
(f) "Director" shall mean the Director of the Orange
County Department of Emergency Management, designated as
prescribed in this Ordinance.
(g) "Regulations" shall include plans, programs, and
other emergency procedures deemed essential to emergency
management.
Section 4. Organization and Appointments
( 1) The organization shall consist of the following:
(a) An agency of Emergency Management within the
executive department of the Orange County government under the
direction of the Orange County Board of Commissioners . The agency
head of the Orange County Department of Emergency Management shall
be known as the Director, and such assistants and other employees
as are deemed necessary for the proper functioning of the agency
will be appointed.
(b) The employees and resources of all Orange County
departments, boards, institutions, and councils shall participate
in the emergency management activities . Duties assigned to
County departments shall be the same as 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 Orange County Manager shall employ a Director of
the Department of Emergency Management 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 disasters as defined in this Ordinance.
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(3) The Director shall designate and appoint an
Assistant Director to assume the emergency duties of the Director
in the event of his absence or inability to act.
Section 5. Day to Day Duties and Responsibilities of the
Director
( 1) The Director shall be responsible to the Orange
County Manager in regard to all phases of emergency management
activity. The Director shall be responsible for the planning,
coordination, and operation of the Emergency Management
activities in Orange County. The Director shall maintain liaison
with the State and Federal authorities and the authorities of
nearby politiical subdivisions so as to insure the most effective
operation of the Emergency Management plans . The Director'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 Orange for Emergency Management purposes .
(b) Development and coordination of plans for the
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 usefulness 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 of disaster as
defined herein, either impending or present.
(e) 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 .
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(f) Coordinating the activity of all other public
and private agencies engaged in any Emergency Management
activities; and performing other duties as described in the
position job description.
Section 6. Emergency Management Plans
( 1) Comprehensive Emergency Management plans shall be
adopted and maintained by resolution of the Orange County Board
of Commissioners . In the preparations of these plans as it
pertains to city and 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
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 . These Plans shall have
the effect of law whenever a disaster, as defined in this
Ordinance, has been proclaimed.
(2) The Director 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 Director 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 Plans 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 Standing
Operating Procedure to implement the plans for his service.
(4) Amendments to these Plans shall be submitted to the
Director. If approved, the Director will then submit the
amendments to the Orange County Board of Commissioners with his
recommendation for their .-approval. Such amendments shall
take effect 30 days from the date of approval.
(5) When a required competency or skill for a disaster
function is not available within government, the Director is
authorized to seek assistance from persons outside of government.
The assignment of duties, when of a supervisory nature, shall
also include the granting of authority for the persons so
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assigned to carry out such duties prior to, 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 .
- Section,-7 : , -No ---Municipal-or-- Private Liability
( 1) This ordinance is an exercise by the County of Orange
of its governmental functions for the protection of the public
health, safety, and welfare to the extent permitted by the Laws of
the United States and North Carolina Law, neither the County of
Orange nor agents and representatives of same, 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 and under
the authority, shall 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 Orange the right to inspect, designate and use the whole
or any part of parts of such real estate or premises for the
purpose of sheltering persons during an actual, impending and/or
practice disaster situation shall not to the extent permitted by
the Laws of the United States and North Carolina Laws, be held
civilly liable for the death of, or injury to, any persons on or
about such real estate or premises under such license, privilege
or other permission; or for loss of, or damage to, the property of
such person.
Section 8. Violations
It shall be a misdemeanor for any person to violate any. of
the provisions of this Ordinance or plans issued pursuant to the
authority contained herein, or to willfully obstruct, hinder or
delay any member of the Emergency Management organization as
herein defined in the enforcement of the provisions of this
Ordinance or any plan issued thereunder.
. Section 9. Severability
Should any provision of this Ordinance be declared invalid
for any reason, such declaration shall not affect the validity of
other provisions of this Ordinance as a whole, it being the
legislative intent that the provisions of this Ordinance shall be
severable and remain valid notwithstanding such declaration.
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Section 10. 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—inconsistent
therewith.
Section 11. Effective Date
This Ordinance shall take effect on the day of
, 19
Chair, County Board of Commissioners
ATTEST: Date:
Clerk
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APPENDIX 5
COUNTY STATE OF EMERGENCY ORDINANCE
AN ORDINANCE AUTHORIZING THE PROCLAMATION OF A STATE
OF EMERGENCY AND THE IMPOSITION OF PROHIBITIONS AND
RESTRICTIONS DURING A STATE OF EMERGENCY
Under the authority of Article 36A of Chapter 14, Chapter
166A, and Chapter 153A of the North Carolina General
Statutes, the County of Orange ordains:
Section 1. State of Emergency; Restrictions
Authorized
(a) A State of Emergency shall be deemed to exist
whenever during times of public crisis , disaster, rioting,
catastrophe, or similar public emergency, for any reason,
public . safety authorities are unable to maintain public
order or afford adequate protection for lives, safety or
property, or whenever the occurrence of any such condition
is imminent.
(b) In the event of an existing or threatened State of
Emergency endangering the lives, safety, health and welfare
of the people within Orange County or any part thereof, or ,
threatening damages to or destruction of property, the
Chair or Board of Commissioners is hereby authorized and
empowered under Section 14-288 . 13 and 166A-8 to issue a
public proclamation declaring to all persons the existence of
such a State of Emergency and in order to more effectively
protect the lives and property of people within the county,
to place in effect any or all of the restrictions hereinafter
authorized.
(c) The Chair or Board is hereby authorized and
empowered to limit by the proclamation the application of all
or any part of such restrictions to any area specifically
designated or described within the county and to specific
hours of the day or night; and to exempt from all or any part
of such restrictions, while acting in the line of and within
the scope of their. respective duties, Emergency Management
officials, law enforcement officers, firemen .and other public
employees, rescue squad members , doctors, nurses, employees
of hospitals and other medical facilities; ARC volunteers and
paid staff;on-duty military personnel, whether state or
federal; on-duty employees of public utilities, public
transportation companies, and newspaper, magazine, radio
broadcasting, and television broadcasting corporations
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operated for profit; and such other classes of persons as
may be essential to the preservation of public order and
immediately necessary to serve the safety, health, and
welfare needs of people within the county.
-Section 2. Proclamation <-Imposing• - -Prohibitions
and Restrictions:
(a) The Chair or Board of Commissioners by proclamation
may impose the prohibitions and restrictions specified in
sections 3 through 8 of this ordinance in the manner
described in those sections . The Chair or Board may impose
as many of those specified prohibitions and restrictions as
he finds are necessary, because of an emergency, to maintain
an acceptable level of public order and services and to
protect lives, safety, and property. The Chair or Board
shall recite the findings in the proclamation.
(b) The proclamation shall be in writing. The
Chair or Board shall take reasonable steps to give notice of
the terms of the proclamation to those affected by it and
shall post a copy of it in the County Courthouse. The Chair
or Board shall send reports of the substance of the
proclamation to the mass communications media which serves
the affected area. The Chair or Board shall retain a text of
the proclamation and furnish upon request certified copies of
it.
Section 3 . Evacuation _._
The Chair or Board may direct and compel the evacuation
of all or part of the population of the County of Orange,
to prescribe routes, modes of transportation, and destination
in connection with evacuation; and to control ingress and
egress of a disaster area, the movement of persons within the
area, and the occupancy of premises therein. Details of the
evacuation may be set forth or amended in a subsequent
proclamation which shall be well publicized
Section 4 Curfew
(a) The proclamation may impose a curfew prohibiting
in certain areas and during certain periods the appearance
in public of anyone who is not a member of an exempted
class . The proclamation shall specify the geographical area
or areas and the period during each 24-hour day to which the
curfew applies . The Chair or Board may exempt from some or
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all of the curfew restrictions classes of people whose
exemption the Chair or Board finds necessary for the
preservation of the public health, safety, and welfare. The
proclamation shall state the exempted classes and the
restrictions from which each is exempted.
(b}
Unless.,..,otherwise--specified-inr the proclamation,
the curfew shall apply during the specified period each day
until the Chair or Board by proclamation removes the curfew.
Section 5. Restrictions on Possession Consumption,
or Transfer of Alcoholic Beverages
The proclamation may prohibit the possession or
consumption of any alcoholic beverage; including beer,
wine, and spiritous liquor other than on one's own premises,
and may prohibit the transfer, transportation, sale or
purchases of any alcoholic beverage within the area of the
County described in the proclamation. The prohibition, if
imposed, may apply to transfers of alcoholic beverages by
employees of Alcoholic Beverage Control stores as well as by
anyone else within the geographical area described.
Section 6. Restriction on Possession,
Transportation, and Transfer of Dangerous
Weapons and Substances
(a) The proclamation may prohibit the transportation
or possession off one's own premises, or the sale or purchase
of any dangerous weapon or substance. The Chair or Board may
exempt from some or all of the restrictions classes of people
whose possession, transfer, or transportation of certain
dangerous weapons or substances is necessary to the
preservation of the public's health, safety, or welfare. The
proclamation shall state the exempted classes and the
restrictions from which each is exempted.
(b) "Dangerous weapon or substance" means:
( 1) Any deadly .weapon, ammunition, explosive,
.. incendiary :device, radioactive. material or device as
defined in G.S. . 14-288 . 8 (c) (5) ,`.'gasoline, or other
instrument or substances designed for a use that
carries a threat of serious bodily injury or
destruction of property.
(2) Any other instrument or substance that is
capable of being used to inflict serious bodily injury
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or destruction of property, when the circumstances
indicate that there is some probability that such
instrument or substance will be so used.
(3) Any part or ingredient in any instrument or
substance included above when the circumstances
• °•-indicate--a•-probability ,that• such-..a-part•-or- ingredient
will be so used.
(c) If imposed, the restrictions shall apply
throughout the jurisdiction of the County or such part
thereof as designated in the proclamation.
(d) A violation of this section shall be punishable as
provided in G.S. 14-288 .7 .
Section 7 . Restrictions on Access to Areas
(a) The proclamation may prohibit obtaining access or
-attempting to obtain access to any area designated in the
manner described in this section, in violation of any order,
clearly posted notice, or barricade indicating that access
is denied or restricted.
(b) Areas to which access is denied or restricted
shall be designated by the Emergency Management Director and
his subordinates or law enforcement officers when directed
in the proclamation to do so by the Chair or Board. When
acting under this authority, the Emergency Management
Director and his subordinates may restrict or deny access to
any area, street, highway or location within the County if
that restriction or denial of access or use is reasonably
necessary to promote efforts being made to overcome the
emergency or to prevent further aggravation of the
emergency.
Section 8. The Proclamation may prohibit or restrict:
(a) Movements of people in public places;
(b) The . operation of offices, . business establishments,
and other places: to .or from which people.may travel or at
which they may congregate; and
(c) Other activities or conditions the control of
which may be reasonably necessary to maintain order and
protect lives or property during the state of emergency,
within the area designated in the proclamation. it
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Section 9 . Removal of Prohibitions and Restrictions
The Chair or Board shall by proclamation terminate the
entire declaration of emergency or remove any of the
prohibitions and restrictions when the emergency no longer
requires them.
Section 10. Superseding and Amendatory Proclamations
The Chair or Board in its discretion may invoke the
restrictions authorized by this ordinance in separate
proclamations, and may amend any proclamation by means of a
superseding proclamation in accordance with the procedures
set forth in Section 2 .
Section 11. Termination of Proclamation
Any proclamation issued under this ordinance shall
expire five days after its last imposition unless sooner
terminated in writing under the same procedures set forth in
Section 2 for proclamations .
Section 12. In Case of Absence or Disability of
The Chair
In case of the absence or disability of the Chair, the
vice Chair shall perform the functions of the Chair. In case
of the absence of the Chair and vice Chair, the board in
emergency sessions shall perform the functions of the Chair
and shall have and exercise all of the powers herein given
the Chair. The Emergency Management Director or his
Assistants shall have the authority to invoke Section 3 of
this Ordinance when the Chair or Board cannot be reached and
cannot act in time to take actions necessary to preserve
life, safety and property.
Section 13 . Penalty for Violation
Except as provided in section 6, any person violating
. any prohibition or .restriction imposed by a proclamation
authorized by..this . ordinance shall be guilty of a
misdemeanor, punishable- upon conviction by a fine not
exceeding fifty dollars ($50 . 00) or imprisonment not
exceeding 30 days, as provided by G.S . 14-4 .
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Section 14. Repeal of Conflicting Ordinances
All ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 15. Territorial Applicability
This ordinance shall NOT apply within the corporate
limits of any municipality, or within any area of the County
over which the municipality has jurisdiction to enact general
police-power ordinances, unless the municipality by
resolution consents to its application or the Mayor of the
municipality has requested its application, in which event it
shall apply to such areas as fully and to the same extent as
elsewhere in the County.
Section 16. Validity
If any section, subsection, sentence, clause, or phrase
of this ordinance is for any reason held to be invalid, such
decision shall not affect the validity of the remaining
portions of this ordinance. The Board of Commissioners
hereby declares that it would have passed this ordinance and
each section, subsection, clause, and phrase thereof,
irrespective of the fact that any one or more sections,
subsections, sentences, clauses, or phrases be declared
invalid.
Section 17 . Effective gate of Ordinance
This ordinance shall take effect on the day of
, 19
Chair, Orange County Board of Commissioners
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ATTACHMENT 1 TO APPENDIX 5
PROCLAMATION OF A COUNTY STATE OF EMERGENCY
Section 1. Pursuant to County Ordinance and
Chapter 166A of the General Statutes and Article 36A
Chapter^14- of-'--the•-General-Statutes, I•-have-•°determined that
a State of Emergency as defined in County Ordinance
exist in the County of Orange.
Section 2. I, therefore, proclaim the existence of a State of
Emergency in the County of Orange.
Section 3. I hereby order all county law enforcement
officers and employees and all other emergency management
personnel subject to my control to cooperate in the
enforcement and implementation of the provisions of the
county emergency ordinances which are set forth below.
Section 4. Evacuation. I have determined that, in the best
interest of public safety and protection, it is necessary to
evacuate the civilian population from the County of Orange.
Citizens are free to use any type of transportation, but
they are to use only in leaving the
county. Evacuation is to occur as soon as possible. Further
proclamation concerning evacuation will be issued as needed.
Section 5. Curfew. Unless a member of the County's law
enforcement agency or the emergency management program,
every person who is located within a radius of
is to be inside a house dwelling from
the hours of to
Section 6. No Alcoholic Beverages . There shall be no sale,
consumption, transportation, or possession of alcoholic
beverages during the State of Emergency in the County of
Orange, except possession or consumption is allowed on a
person's own premises. .
, Section 7 . No. Firearms, . ammunition,. or Explosives . During the
.. State of Emergency, .there .shall . be. no sale or. purchase of any
type of firearm or ammunition, or any possession of such
items along with any type of explosive off owner's own
premises .
Section 8. Execution of Emergency Plan. All civilians and
emergency management personnel are ordered to comply with
the emergency reaction plan.
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212
section 9. This proclamation shall become effective
immediately.
Proclaimed this the day of 19_, at (a.m. )
(p.m. )
Chair, Orange County Board of Commissioners
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•yi f
ATTACHMENT 2 TO APPENDIX 5
PROCLAMATION TERMINATING
A COUNTY STATE OF EMERGENCY
Section 1. On , at
(am/pm) , I determined and proclaimed a local State
of°°Emergency-for the--County of Orange
Section 2. On , at
(am/pm) , I ordered the evacuation of all
civilians from the area, imposed a curfew, prohibited
alcoholic beverages, firearms, ammunition and explosives,
and ordered the execution of the emergency reaction plan.
Section 3. I have determined that a State of Emergency no
longer exists in the County of Orange.
Section 4. I thereby terminate the proclamation of a local
State of Emergency and all of the restrictions and orders
therein.
Section 5. This proclamation is effective immediately.
Proclaimed this the day of
at (am/pm) .
Chair, Orange County Board of Commissioners
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214'
APPENDIX 6
NORTH CAROLINA MUTUAL AID AGREEMENT
COUNTY OF ORANGE
THIS AGREEMENT, made this day of
19_; by�-and•between--Orange °County, and
an incorporated city, town or village both
of North Carolina, hereinafter referred to a "party of the
first part" and Orange County and an
incorporated city, town or village, both of North Carolina,
hereinafter referred to as "party of the second part" .
WITNESSETH
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 of party
requiring aid shall make a request for aid to the Local
Emergency Management Coordinator/Director of the other party
to this agreement.
2 . That each party hereby authorizes and grants to
its own local Emergency Management Coordinator/Director 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.
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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 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 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 reason of extending 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.
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IN WITNESS WHEREOF, the parties have set their hands t
and seals as of the date set forth above.
ATTEST: ORANGE COUNTY
Date:
Clerk to the Board
By: (SEAL)
Chair, Orange County
Board of Commissioners
ATTEST: CITY
Date:
City Secretary
By: (SEAL)
Mayor
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