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5 <br /> <br />WHEREAS, North Carolina General Statutes §§ 153A-176, 160A-265, 160A-266 authorize the <br />County to dispose of any personal property belonging to it according to the procedures <br />described in Chapter 160A, Article 12. <br /> <br />NOW, THEREFORE, BE IT RESOLVED as follows: <br />1. Malcolm Hester shall assume full care and responsibility of the canine, including but not <br />limited to: <br />a. Providing adequate food, water, and shelter to the canine for the duration of its life; <br />b. Providing the canine with adequate health care, including but not limited to <br />vaccinations, medication, and all other medical necessities as needed or as <br />required by Orange County’s animal control requirements; and <br />2. Malcolm Hester shall assume all liability that may result from the canine’s actions, including <br />but not limited to those actions and behaviors learned as a result of the canine’s special <br />training provided by the Orange County Sheriff’s Office; and <br />3. Malcolm Hester shall not purposefully, negligently, or knowingly use the canine’s special <br />skill set developed as a result of its career as a police canine either for profit, personal <br />gain, or in any capacity, whether this capacity would put others in danger or not; and <br />4. Malcolm Hester shall release Orange County and the Orange County Sheriff’s Office from <br />liability from any sickness or health deficiencies that resulted from the canine’s work with <br />the Orange County Sheriff’s Office; and <br />5. Malcolm Hester shall not loan, lend, give away, or rid himself of the canine in any manner <br />which would result in the canine being in the care of another person, business, or entity; <br />and <br />6. Malcolm Hester shall be solely responsible for the actions of the canine while either in his <br />personal care or otherwise; and <br />7. Any personal property equipment assigned specifically to Lacey (collar, leashes) and any <br />shelter previously constructed on Malcolm Hester’s property becomes the property of <br />Malcolm Hester. This does not include specialized police equipment (protective <br />equipment, special police issued equipment). <br /> <br />A motion was made by Commissioner Burroughs, seconded by Commissioner Rich or <br />the Board to approve and authorize the Chair to sign a resolution retiring canine Lacey and <br />transferring her to former K9 Handler Malcolm Hester. <br /> <br />VOTE: UNANIMOUS <br /> <br />Added Item: <br /> <br />b. Resolution Opposing NCDOT Incursion into Oosting Natural Area <br />The Board considered a Resolution Opposing North Carolina Department of <br />Transportation (NCDOT) Incursion into the Oosting Natural Area. <br /> <br />BACKGROUND: <br />The North Carolina Department of Transportation is in the process of developing plans to <br />expand I-40, between the I-85 / I-40 split in western Orange County to 15-501 near the Durham <br />County line, from 4-lanes to 6-lanes. Part of the expansion project currently calls for <br />redesigning and rerouting traffic patterns around the NC Hwy 86 / MLK Blvd and I-40 <br />interchange. <br />