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Alamance County Board of Commissioners’ Response

Written by Joseph Magyar on . Posted in Commissioner Statements, Commissioners.

County attorney Clyde Albright has advised the Alamance County Board of Commissioners that, pursuant to state and federal law, Alamance County does not have the legal authority to move the Confederate Veterans Memorial at courthouse square. The monument in Graham is an object of remembrance as defined by North Carolina General Statute 100-2.1, which gives it different legal status than a statue of an individual person or a commemoration of a battle or event. The county manager neglected to obtain information about the legality of his opinion before he offered it.

The drafting and announcement of this open letter is troubling. Very few of the people who participated in this statement (four of the fifty-six) have contacted any one of the five commissioners in the past few months to discuss their concerns about the monument. We have learned that at least some of those whose support for this letter was sought were told, “Don’t tell the commissioners” about the effort to draft it. Mayor Baltutis waited until 9:40 am on Monday, twenty minutes before his press conference was to begin, to inform Chair Galey, which prevented her from being able to attend.

One may ask, why would the authors of this letter not want the commissioners to know that it was being drafted and circulated? Why was it done in secret and then unveiled at a press conference? This would lead an observer to believe that this “call to action” is political in nature. Its true purpose would not appear to be to persuade the commissioners, but to ambush them in as public a manner as possible.

We do not doubt that those who signed the letter are sincere in their beliefs and hope to see the county find a resolution to this difficult challenge. The best way to seek a resolution is not by operating in secret, drawing up in opposing lines, and engaging with the press. Alamance County deserves leaders who are willing to reach out and communicate with one another.

Alamance County’s Response to Questions Regarding the Reopening of ACE Speedway

Written by Joseph Magyar on . Posted in Commissioner Statements, Commissioners, County News, Covid-19, General News, Public Safety.

Alamance County Government officials were puzzled by Governor Cooper’s comments regarding ACE Speedway during the media update on Tuesday, May 26, since no one from the Governor’s office has reached out directly to the county, even after the county requested guidance and input. Local governments across North Carolina have asked repeatedly to have a voice in how the COVID restrictions impact their communities. However, those requests have not been addressed.

Alamance County Government has repeatedly reached out to Governor Cooper and NCDHHS for guidance in how to assist ACE Speedway to operate in a safe manner.

Alamance County sent a letter to the Governor on April 20, requesting that a regional approach to reopening be considered and that local governments participate in decision making. The County has not received a direct response to its letter.

On May 11, 2020, Alamance County Government officials, Jason Turner of ACE Speedway, and Matt Gross, the Assistant Secretary for Government Affairs at the NC Department of Health and Human Services, participated in a conference call, discussing how ACE Speedway could safely operate during Phase 2. Mr. Gross stated that it was not known whether Phase 2 would begin on May 22 and that it was not known what capacity businesses such as ACE Speedway could expect, but it would likely be between 25-50% of fire code. A document entitled, “Precaution Requirements for ACE Speedway” was developed through collaboration between NCDHHS, the Alamance County Health Department, and ACE Speedway. Jason Turner assured Alamance County on multiple occasions that he intended to follow the recommended protocols at ACE Speedway.

After reviewing Executive Order 141 on Wednesday, May 20, Alamance County had questions about its applicability and enforcement. On Thursday, May 21, at 9:00 a.m., Alamance County Government officials, Robert Turner of ACE Speedway, and Matt Gross of DHHS participated in a conference call. Mr. Gross was made aware of Alamance County’s concerns and questions. He stated that, not being an attorney, he could not advise the county, and he promised to forward the county’s concerns to the Governor’s staff and that someone would get back to the county. Alamance County has yet to hear directly from anyone with the Governor’s staff, NCDHHS, or anyone
else in State government.

The health and safety of its residents continues to be the highest priority of Alamance County. Alamance County has investigated the precautions taken last Saturday night at ACE Speedway, and has verified the following: 2550 spectators on a 50 acre property (approximately 50% of fire capacity); rosters for contact tracing were provided; 10 feet distance between each car in the pit area; recommended masks and 6 feet social distancing in pit area; multiple hand sanitizer stations provided; precaution signage; Plexiglas partitions where appropriate; marks of 6 feet of spacing in lines and high traffic areas; one-way arrows for traffic through the restrooms; public announcements every 30 minutes to remind spectators to social distance and wash hands; restrooms and other public areas sanitized regularly; and limits on the number of people in the infield and outfield.

Alamance County’s Response to ACE Speedway

Written by Joseph Magyar on . Posted in Announcements, Commissioner Statements, Commissioners, Community, County Attorney, County News, Covid-19, General News, Health, Public Safety.

FOR IMMEDIATE RELEASE 5/22/20

Upon learning that ACE Speedway intends to reopen on May 23, Alamance County has decided not to prohibit its reopening during Phase 2 of Governor Cooper’s plan to reopen North Carolina.

Over the past month, ACE Speedway has communicated extensively with the Alamance County Department of Public Health regarding recommended precautions in an effort to reduce potential exposures. ACE plans to implement several precautions, including screening attendees and providing rosters to the Health Department to facilitate contact tracing, in the event it is needed. In addition, ACE will maintain 10 feet distance between each car in the pit area, recommend masks for crews and 6 feet social distancing in the pit area, provide alcohol hand sanitizer solution at multiple areas (minimum of 10 stations) on infield premises, and provide precaution signage at the entrance, bathrooms, tech shed, and fuel and tire areas. Areas will be marked off in the grandstands to support social distancing. Bathrooms will be disinfected regularly and high touch areas will be disinfected every hour. Special precautions will be taken when dropping off wheels to be mounted and picked up and at fuel drop off. Plexiglas partitions have been installed where needed. The number of persons in the infield and outfield have been limited.

County Attorney Clyde Albright said, “The Exemptions listed in Section 4 of Executive Order 141 include activities constituting the exercise of First Amendment rights, which include the right to peaceably assemble. This exemption retroactively applies to earlier Executive Orders. Significantly, the Governor’s language in the Exemption has changed from ‘order’ to ‘strongly urges’. The Governor recognizes that he may only urge people engaged in exercising First Amendment rights to practice social distancing and other disease control measures. He cannot Constitutionally limit the number of people who can peaceably assemble under the First Amendment. The Temporary Restraining Order

issued last Friday by United States District Judge James C. Dever, III, in the lawsuit Berean et al versus Governor Roy A. Cooper, held that the earlier Executive Orders violate the freedom to attend worship services protected by the First Amendment. Because the right to peaceably assemble is also a First Amendment right, if Alamance County were to attempt to restrict the operation of a business not otherwise restricted by Executive Order 141 then such action may itself be in violation of the First Amendment.”

Alamance County Sheriff Terry Johnson stated, “When I took my oath of office, I swore to uphold the United States Constitution. I will not enforce an unconstitutional law. Upon hearing the opinion of the County Attorney, I do not intend to stop ACE Speedway from opening on Saturday, May 23.”

All Alamance County residents are strongly encouraged to follow the recommendations to promote social distancing and reduce transmission, including maintaining at least six feet from other individuals, wearing a face mask, using hand sanitizer, frequently washing hands, and remaining home if sick. Alamance County is committed to protecting the health and safety of its residents, while recognizing that Americans have freedoms guaranteed by the United States Constitution.

Media inquiries should be directed to County Attorney Clyde Albright at Clyde.Albright@alamance-nc.com or Health Director Stacie Saunders at Stacie.Saunders@alamance-nc.com.

Alamance County Board of Commissioners Requests Regional Approach for Lifting Restrictions

Written by Joseph Magyar on . Posted in Announcements, Commissioner Statements, Commissioners, Community, County News, Covid-19, General News.

Tonight, April 20, 2020, the Alamance County Board of Commissioners authorized Chair Amy Scott Galey to send the following letter to North Carolina Governor Roy Cooper asking him to consider a regional approach in reopening North Carolina following the COVID-19 shutdown.

Chair Galey states: “ I write to you today to request that you adopt a regional approach, leveraging relationships between local governments in targeted areas and releasing from statewide orders the many communities that data reveal are minimally impacted by the virus.”

As one resident commented to the Alamance Board of Commissioners, “We want a resolution and want to know that you are doing your part to go ahead and start the reopening under safe conditions.”

In response, Chair Galey urges Governor Cooper “…reach out to the leaders of the counties and cities where the virus has hit the hardest, starting with the 30 counties that account for 86% of the cases, asking for cooperation in approving local restrictions that continue stay at home orders.”

She also thanks Governor Cooper for his hard work throughout this crisis and hopes that future decisions reflect current data and draw on experiences as we all”…work together in moving forward with a regional approach.”

Please contact Chair Galey at Amy.Galey@alamance-nc.com with any questions.