1971-02-05 Special Meeting~~~
MINUTES OF THE MEETING - F•EBRUARY l. 1971 - CONTIPNED -
ADOPTION OF ORDINANCE - REGUI,ATORY CODES - CONmlivur~D -
Article V. Construction o£ Article
Section 5-1. It is the legislative intent of the Board of Commissioners that in enacting
this ordinance each section and subdivision is separate and divisible from any other section,
and if any provision her,ebf should be held or declared by a court of competent jurisdiction
to be invalid for any reason, such decision or holding shall not affect the validity of
any other section or provision hereof.
The powers, duties, privileges and responsibilities con£erred upon the Inspection
Department under this ordinance are supplemental to the powers, duties, privileges and
responsibilities conferred upon the Inspection Department by Article 2~ of Chapter 153
di the General Statutes oY North Carolina."
WIDENING OF E(dTRANCE TO PARKING I,OT ON MARAET STREET -
Mr. Harriss reported he had requested Mr. Bowden to investigate cost of widening entrance
of County Parking lot on Market Street. Mr. Bowden reports City will do the work for
$265.20 from 9 feet to 27 feet. Mr. Hall moved, seconded by Mr. Marks, that the entrance
be widened, funds to come from the General Contingency Fund. Motion carried unanimously.
INSPECTION OF VOLUNTEER FIRE DEPARTMENTS -
By common consent it was agreed Mr. Harriss be authorized to set date furnishing alter-
nate date for inspection of volunteer fire department.
ADJOURNMENT -
There being no further business to come before the Board, Mr. Oxenfeld moved, seconded
by Mr. Marks, that the meeting adjourn. Motion carried unanimously.
Respectfully submitted,
Hazel Savage
Clerk to the Board `
HS/bh
MINUTES OF SPECIAL MEETING - FEBRUARY 5. 1971 - 12:00 P. M. -
ASSEMBLY - _
Special meeting of the New Hanover County Board of Commissioners:_was held on the above
date and time in the Commission Building with the following present: Chairman Meares Harriss,
Jr., Vice-Chairman Berry A. Williams, Commissioner J. M. Hall, Jr., County Attorney James
C. Fox, County Administrator Laurence 0. Bowden and Hazel Savage, Clerk to the Board.
Sheriff Marion W. Millis was also present.
WAIVER OF NOTICE OF FIEARING -
Mr. Hall moved, seconded by Mr. Williams, that the formal three day notice be waived and
this be a constituted meeting of the Commissioners. Motion carried unanimously.
ORDINANCE OF NEW HANOVER COUNTY TO PERMIT THE IMPOSITION OF PROHIBITIONS AND RESTRICTIONS
DURING A STATE OF EI`1ERGENCY,-~.^° -..-.(._.C1 .~. 'YIw J~u~
Mr. Williams moved~that Ordinance of New Hanover County to Permit The Imposition of
Prohibitions and Rest~ictions During A State of Emergency, as prepared by the County Attorney
be adopted and be copied verbatim in the minutes of the meeti.ng, and in event of the Chair-
man's absence or inability to serve authority be delegated to the Vice-Chairman and in
event of the Vice-Chairman's absence or inability to serve authority be delegated to the
available member of the Board senior in years of service to determine and proclaim the exist-
ence of a state of emergency, and durin$ such state of emergency to impose prohibitions and
restrictions. Motion carried unanimousl.y. Following is the ordinance adopted. ~
"ORDINANCE OF NEW HANOVER COUNTY
TO PERMIT THE IMPOSITION OF PROHIBITIONS
AND RESTRICTIONS DURING A STATE OF EMERGENCY
Pursuant to the power conferred upon counties by North Carolina General Statute
514-288.13, the Board of Commissioners oY New Hanover Count9 does herewith ordain and dele-
gate to its chairman (or in his absence or inability to serve, to its vice-chairman; or in
the absence or inability of the vice-chairman to serve, to the available member of the Board
senior in its service) the authority to determine and proclaim the existence of a state of
emergency, and during such state o£ emergency to impose prohibitions and restrictions:
(1) Of movements of people in public places;
(2) Of the operation of offices, business establishments, and other places to or
from which people may travel or at which they may congregate;
(3) Upon the possessi.on, transportation, sale, purchase, and consumption of intoxi-
cating liquors; ~
(4) Upon the possession, transportation, sale, purchase, storage, and use o£
dangerous weapons and substances, and gasoline; and
(5) Upon 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.
All prohibitions and restrictions imposed by proclamation shall take effect immediately
upon publication of the proclamation in the county, or the area thereof affected, unless the
proclamation says a later time. For the purpose oY requiring compliance, publication may
consist of reports of the substance of the prohibitions and restrictions in the mass commun-
ications media serving the county, or the affected area thereof, or other effective methods of
disseminating the necessary information quiekly. As soon as practicable, however, appropriate
distribution of the full text of ax~y proclamation shall be made.
~
~580
MINIITES OF THE MEETING (SPECIAL) - FEBRUARY 5, 1971 - CONTINUED -
ORDINANCE OF NEW HANOVER COUNTY TO PERMIT THE IMPOSITION OF PROHIBITIONS AND RESTRICTIONS ~
DURING A STATE OF E[`1ERGENCY - CONTINUED -
Prohibitions and restrictions may be extended as to time or area, amended or re=
scinded by proclamation. Prohibitions and restrictions imposed by proclamation under authority
of this ordinance shall expire five (5) days after their last imposition unless sooner term-
inated by proclamation o£ said chairman, or by the Board of Commissioners. '
This ordinance is intended to supplement and confirm the powers conferred by all
general and local laws existing for the protection of the public health and safety in times
of riot or other grave civil disturbance or emergency.
Any person who violates any provision of a proclamation proclaimed under the
authority of this ordinance is guilty of a misdemeanor and punishable as provided in North
Carolina General Statute 514-4.
Unless context clearly requires otherwise, words and phrases used in this ordinance
shall be de£ined and have the same meaning as those set forth for such words and phrases in
Article 36A of the General Statutes of North Carolina."
EMERGENCY FUND FOR SHERIFF'S DEPARTMENT -
Mr. Hall moved, seconded by Mr. Williams, that the Board appropriate to the Sheriff's
Department budget sum o£ $4,000 for emergency purposes, funds to come from General Emergency
Fund. Motion carried unanimously.
Mr. Hall moved, seconded by Mr. Williams, resolution be passed requesting the Sheriff
to contact the County Administrator or some member of the Board of Commissioners, if possi-
ble, prior to spending funds just allocated to his budget Por emergency purposes. Motion
carried unanimously. •
Mr. Williams moved, seconded by Mr. Hall, that the Commissioners approve the request con-
tained in letter from the Sheriff dated February 5, 1971 for emergency equipment anounting
to $1,351.32, and this amount be charged against the 964,000 just appropriated for emergency
equipmen't. Motion carried unanimously.
EXPRESBION OF Arrres~CIATION TO SFLERIFF MILLIS -
Chairman Harriss stated on behalf of the Board he wished to express appreciation to the
Sheriff for his efforts in this time of crisis and to commend him for performance of his duties.
ADJOURNP'~NT -
There being no further business,to come before the Board, Mr. Hall moved, seconded by
Mr. Williams, that the meeting adjourn. Motion carried unanimously.
Respect£ully submitted,
Hazel Sava~e
Clerk to the Board
HS/bh
MINUTES OF THE MEETING - FEBRUARY 15. 1971 - 9:00 A. M. -
ASSEMBI,Y -
The regular semi-monthly meeting of the New Hanover County.Commissioners was held on the
above date and time in the Commission Building with the following present: Chairman Meares
Harriss, Jr., Vice-Chairman Berry A. 47illiams, Commissioners J. M. Hall, Jr,, H. A. Marks,
John R. Oxenfeld; County Attorney James C. Fox; County Administrator I,aurence 0. Bowden;
and Hazel Savage, Clerk to the Board. Mrs. Elizabeth Edens was present in the absence of the
County Auditor.
INVOCATION -
Chairman Harriss called the meeting to order and asked Rev. J. A. Humphrey, Pastor, Nt.
Olive A.M.E. Church, to give the invocation.
APPROVAL OF MINIITES - REGUI,AR MEETING, FEBRUARY 1ST.' AND SPECIAL MEETING, FEBRUARY 5TH -
Chairman Harriss asked to be excused and Vice-Chairman Williams assumed the chair for
a brief period.
There being no corrections, other than the one furnished the Commissioners from the office,
Mr. Hall moved, second:ed by Mr. Oxenfeld, that the minutes of both meetings be approved with
those corrections." Motion carried unanimously.
CONTRACT FOR OPERATION aF SANITARY LANDFILL N0. 2
During discussion of contract between New Hanover County and I,eroy Hooks, d/b/a Hooks
Salvage Company, Mr. Marks raised question whether or not the County had been furnished any
evidence of insurance from Hooks Salvage Company. County Attorney Fox stated contract
should not be in force until insurance is provided.
Mr. Marks moved, seconded by Mr. Hall, that the Board approve the contract and authorize
signature of the chairman after insurance policy has been presented by Hooks Salvage Com-
pany. Motion carried unanimously.
Mr. Harriss returned to the meeting and took the chair..,