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Agenda 04-26-22; 8-a - Minutes
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Agenda 04-26-22; 8-a - Minutes
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4/21/2022 4:12:41 PM
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BOCC
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4/26/2022
Meeting Type
Business
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Agenda
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8-a
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Agenda for April 26, 2022 Business Meeting
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\Board of County Commissioners\BOCC Agendas\2020's\2022\Agenda - 04-26-2022 Business Meeting
Minutes 04-26-2022 Business Meeting
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\Board of County Commissioners\Minutes - Approved\2020's\2022
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2 <br /> 1 it, legally ended after March 18, 2020 — nearly two full years ago. Because of that, I believe that <br /> 2 all of the restrictions, shutdowns, and stay-at-home orders issued by the County over the last <br /> 3 two years have been invalid and probably illegal after March 18, 2020. Why do I believe this? <br /> 4 Because the original declaration and each subsequent amendment and extension are in <br /> 5 contradiction to the Orange County Code of Ordinances. Section 14-40 of the Code states: "... <br /> 6 Any proclamation issued under this article shall expire five days after its last imposition ..." <br /> 7 Again, listen to those words: "shall expire five days after its last imposition" The Code doesn't <br /> 8 say that the five day expiration is a guide, or a suggestion, or that a proclamation "might expire," <br /> 9 or "could expire" - the Code says "shall expire." And "shall expire" is an order, not a choice. I <br /> 10 understand the desire by the Board Chair to incorporate phrases such as "shall remain in effect <br /> 11 until it is rescinded," but I believe such phrases violate Orange County law. The invalid <br /> 12 language in the Declaration gives the purposeful impression that the Declaration could go on <br /> 13 forever, and certainly longer than the statutory limit of five days. For the entire two years since <br /> 14 the Declaration was first published, the Board and others have purposely given the impression <br /> 15 that a valid County State of Emergency existed. If the County wanted a State of Emergency <br /> 16 longer than five days, it would have been a simple matter: Just issue a new declaration every <br /> 17 five days. For the last two years, thousands of County residents and businesses have been <br /> 18 harmed by these invalid emergency declarations. I would think that County residents and <br /> 19 businesses might seek legal recourse for the mental, emotional, physical, and financial harm <br /> 20 they have incurred since the expiration of the Declaration two years ago. I request that the <br /> 21 Board publicly display and send a statement to the media saying that the original State of <br /> 22 Emergency declaration legally expired after March 18, 2020, and that all subsequent <br /> 23 Amendments were invalid because there was no legal Orange County State of Emergency <br /> 24 declaration in effect when the various amendments were declared." <br /> 25 <br /> 26 b. Matters on the Printed Agenda <br /> 27 (These matters will be considered when the Board addresses that item on the agenda below.) <br /> 28 <br /> 29 3. Announcements, Petitions and Comments by Board Members <br /> 30 Commissioner McKee and Commissioner Hamilton had no comments or <br /> 31 announcements. <br /> 32 Commissioner Bedford said she will represent the Board tomorrow at the Hillsborough <br /> 33 Durham Technical Community College Campus during UNC-Chapel Hill's announcement <br /> 34 regarding targeted recruitment of young adult students. She said she will report back to the <br /> 35 Board. <br /> 36 Commissioner Greene congratulated the Eno River Foundation, Town of Hillsborough, <br /> 37 and Orange County for the acquisition of over two hundred acres of the Ayr Mount estate, which <br /> 38 will be added to the Eno River State Park. She said the area include four settlement areas, <br /> 39 including one that date backs to 1,000 B.C., the Orange County Speedway, green buffers, and <br /> 40 wildlife corridors. She said this is an exciting addition to the county's protected natural <br /> 41 resources. She said that the Orange County Transit Policy Steering Committee has given <br /> 42 tentative approval for the final revised Orange County Transit Plan. She said that the plan <br /> 43 should come before the Board in the early fall. She thanked Craig Benedict for his leadership on <br /> 44 this plan. <br /> 45 Commissioner Fowler indicated that the County is allowed to appoint two members to <br /> 46 the Alliance Health Board of Directors beginning in April. She said Alliance Health also has a <br /> 47 Family and Consumer Advisory Council that can have up to twelve members. She encouraged <br /> 48 people to apply for both boards through the Alliance website. <br /> 49 Commissioner Richards had no comments or announcements. <br /> 50 Chair Price said she received an email from the Triangle J Council of Governments <br /> 51 (TJCOG) that they are merging the rural and the metro. She asked for more information on this <br />
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