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

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36 ^ October 22,2012 Town Board Monthly Workshop Approved: Page 9 of 21 7:53:55 PM Mc Whitaker said bo is in the habit of respecting jurisdictional boundaries. He makes those distinctions daily muit's easy for him to make a mistake ufequating that to the Board ufHealth. From the Board of Health's jurisdictional perspective and strategic and objective approach to public health, Hillsborough is as much u part of Orange County am Cedar Grove or White Cross. There ia not distinction'uriodictional}ybetween public health issues covered by Board of Health matters. 7:54:45 PM Commissioner Gering said bc agreed with that but the only difference iaiu this case,the County mind,Commissioners would have to adopt by ordinance so in his u6 Commissioners when they adopt that ordinance. That's why he questions the jurisdictional iss kW without their approval, this couldn't be done. 7:55:21 PM Mr. Hornik said the power they're trying to exercis g t not the same power they usually have. This is not the power they have under NCGS 138A- 9. his is s statutory power that is conveyed to all of governance. The Town of Hillsborougb ' o t under 138-498 so this is a different kind of power with different rules that are not cl He dded that it's in the Durham example, Jill Moore said it should be a certain way but s not on tbe Supreme Cou s_j�,a different animal. This animal has certain rules that the legislat in 200 d 2009 and one: se is that in order for this to be effective, the County Commissioners h pr In the same s ion of the law, there's a provision that says in order for an ordinance adopted unty ommissioners to be effective in the Town, the Town has to adopt a resolution agreeing to it. He' tire with respect to this particular rule how those all work together. They have the model-but that i cessarily what the law is. It's what the parties in Durham agreed to. 7:57:22 PM Commissioner Gering commente ey co up in c with the County. Ms. Bridger said she hoped they would contact Jill Moore and her I .t. The Institute of Govertiment has said this is how they interpret this is not th ty attorn ing how she interprets the law. 7:57:47 PM Mr. Ho aid there courts which ve disagreed with the Institute of Government. Ms. Bridger said there are ot t have agreed with ot rts. That's what lawyers do. She didn't want them to think this was just ba th of the Con 7:5 8:04 P er Lo id he'd e urham mentioned a couple of times and feels like this is unique. urham, th the ci I e county, and no other entity. If the two of them agree, it's a done deal. e County has Hill, illsborough, and the County. As a town,they do a good job vehicles or on town property. He doesn't see them having a problem ri that this addi I e ement would be an issue. 7:59:30 PM issioner G g asked if smokeless tobacco products were covered. Ms.Bridger said no. 7:59:42 PM Comm 'loyd said she didn't think any of the Board smokes but they're not arguing for 8:00:12 PM Mr.Whitaker said he identified two issues, one being the jurisdictional issue, and the second is a more intense concern about sidewalks. If the jurisdictional question didn't exist,there would still be a concern about sidewalks. 8:01:00 PM Mayor Stevens said he thinks it's pushing the regulation and he worries about it becoming counterproductive. If the sidewalk were removed from this, it's close to what they already have. The sidewalk issue seems like it's a bit too much.