Agenda - 11-20-2012 - 6a - Laserfiche WebLink

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33 October 22,2012 Town Board Monthly Workshop Approved: Page 6 of21 gets recorded in the Register of Deeds the logic of their thought process. That might be unnecessary but she could still provide other documentation for them that can get read into the record when they're making the decision. 7:33:11 PM Commissioner Hallman moved to close the Public Hearing. Commissioner Lloyd seconded. Upon a unanimous vote of 4-0,the Public Hearing was closed. 7:34:15 PM Tony Whitaker, Chair of the Orange County Health ent, came forward. Colleen Bridger,Orange County Health Director,came forward as well. 7:34:38 PM Commissioner Gering said they probably neede,fd�l- c "ss the j11ri n these guests would have for Hillsborough. He said Mr. Hornik's analysis rais ome serious question t whether County policies can apply without the Board's approval. Mr. Hor referred NCGS 130A-4 ch the statute under which they're operating. At the lack of case law tatute, t " uestion remains whether the County or the County Board of Health can adopt this particul lati 11 make it effec i -in Hillsborough and on Hillsborough Town property or for Town vehicles withou n Board saying okay. Mr. Hornik said this whole section of the la adopted in 2007 a ve different and special authority to local governments, including Town Boards, to lations bannin it* g smoking in public places. The way the statute is written, it's not clear to unty Board th or the County could make prohibition effective in the Town without the Bo adop lution s ng they're okay with it. That is NCGS 153A-122. This is referred to in the secti and county employees are operating. It generally says that in order for ordinance to I I cti e wit e jurisdictional limits of the town,the Town has to adopt a resolu Ire okay wi it. He does t know whether the Board is okay or not okay with all or part of at is bei oposed but h ng looked at it, there's a question he has and there doesn't seem to be a c, tive an r. 7:37:12 PM Ms. Bridger a re a county ordinance it could not apply to the municipalitie ealth uthority ales that encompass the entire area of the county where they serve r. Ho I how here are special statutory authorities on smoking prohibitions which I t. s. Bridger o e are di M sc ar worlds they're dealing with. Commissioners can't; Board of Heal There was a hyb le of la at was created when House Bill 2 passed and Boards of Health were given c the authority to ct sma ng prohibitions but only with the agreement of the County Board of Commissione r. Hornik sal e statute specifically refers to the County Board of Commissioners adoption of the ordinance " ving the rue Ms. Bridger replied Hillsborough would be the second county to be doing this as Durham ha ady pa d a rule that was "adopted by ordinance" which was what the School of Government recomme er for the rule to apply to the entire county. The guidance they've been given by the School of Gove is if a Board of Health rule is "adopted by ordinance" and it's not a separate ordinance adopted by th oard of Commissioners, then it does indeed apply to the entire county and all the municipalities. That is what they applied in the Durham County example. She told Mr. Hornik Jill Moore would be the contact person at the School of Government. 7:39:23 PM Ms. Bridger added they've discussed this with the School of Government to make sure they do it correctly. At the legal conference in April, there was an entire session about this, and very clearly, the guidance was if the Commissioners "adopt by ordinance,"then it is a Board of Health rule which does apply to the entire county.