Coronavirus Taskforce Briefing for October 28, 2020 Governor Issues Executive Order to Assist Families Facing Eviction

The Governor held a Coronavirus Taskforce briefing today at 3pm, during which he announced a new executive order (#171) entitled "Assisting North Carolinians at Risk of Eviction."


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A video of the briefing is embedded below and below that is a copy of the Executive Order.



Downloadable Copy



ROY COOPER
GOVERNOR

October 28, 2020
EXECUTIVE ORDER NO. 171

ASSISTING NORTH CAROLINIANS AT RISK OF EVICTION

The COVID-19 Public Health Emergency

WHEREAS, on March I 0, 2020, the undersigned issued Executive Order No. 11 6 which declared a State of Emergency to coordinate the State's response and protective actions to address the Coronavirus Disease 2019 ("COVID-19") public health emergency and provide for the health, safety, and welfare of residents and visitors located in North Carolina; and

WHEREAS, on March 11, 2020, the World Health Organization declared COVID-19 a global pandemic; and

WHEREAS, on March 13, 2020, the President of the United States issued an emergency declaration for all states, tribes, territories, and the District of Columbia, retroactive to March I, 2020, and the President declared that the COVID-1 9 pandemic in the United States constitutes a national emergency; and

WHEREAS, on March 25, 2020, the President approved a Major Disaster Declaration, FEMA-4487-DR, for the State ofNorth Carolina; and

WHEREAS, in responding to the COVID-19 pandemic, and for the purpose of protecting the health, safety, and welfare of the people of North Carolina, the undersigned has issued Executive Order Nos. 11 6-1 22, 124-1 25, 129-131 , 133-1 36, 138-144, 146-153, 155-157, 161-165 and 169-170; and

WHEREAS, more than two hundred sixty-six thousand (266,000) people in North Carolina have had COVID-19, and four thousand two hundred forty-five (4,245) people in North Carolina have died from the disease; and

WHEREAS, as of the date of this Executive Order, and relative to recent weeks, there has been a considerable increase in the COVID-19 daily case counts, an increase in the associated hospitalizations and emergency-department visits for COVID-19-like illnesses, and an increase in the percent of daily case counts that are positive, prompting, most recently, the undersigned to pause the state in Phase 3 of its reopening process; and

WHEREAS, these trends require the undersigned to implement certain measures in order to slow the spread of the virus across the state and protect the neediest North Carolinians from housing loss and housing insecurity; and

Residential Evictions in North Carolina

WHEREAS, in addition to its public health consequences, the economic effects of the COVID-19 pandemic have broadly impacted residential tenants across the state, many of whom have been unable to timely or fully make their rent payments, thereby facing the risk of eviction; and

WHEREAS, residential evictions remove people from their homes, where they are safest during the COVID-19 pandemic, which therefore increases the risk that such people will contract and spread COVID-19; and

WHEREAS, many residential evictions leave people homeless, where they are at heightened risk of contracting and spreading COVID-19 either through unsheltered living situations or through relocation to homeless shelters or other congregate living situations, where they face enhanced risk of contracting COVID-19; and

WHEREAS, because many people are now performing their jobs and receiving schooling from their homes, residential evictions during the COVID-19 pandemic also threaten people's ability to maintain their livelihood and receive education; and

WHEREAS, according to a September 25, 2020 report from the National Council of State Housing Agencies, there are currently an estimated 300,000 - 410,000 renter households in North Carolina unable to pay rent and at risk of eviction, and a projected estimated 240,000 eviction filings in North Carolina by January 2021; and

WHEREAS, the undersigned's administration recognizes that eviction moratoria are not only effective public health measures to control the spread of COVID-19, but that they can also have significant impacts on the economic and socioeconomic realities of many North Carolinians and;

WHEREAS, accordingly, the undersigned's administration has implemented various measures to-date to protect vulnerable populations from residential evictions during the COVID- 19 pandemic, including through the issuance of Executive Order Nos. 124 and 142, which placed a temporary moratorium, through June 20, 2020, on residential evictions for reasons of late payment or nonpayment, and through the creation ofthe Housing Opportunities and Prevention of Evictions Program ("HOPE"), designed to provide financial relief to the neediest of North Carolina families; and Centers for Disease Control and Prevention Order Temporarily Halting Residential Evictions WHEREAS, the Centers for Disease Control and Prevention issued an order, pursuant to 42 U.S.C. § 264 of the Public Health Act and 42 C.F.R. § 70.2, and titled "Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19," temporarily halting certain residential evictions nationwide, from September 4, 2020 through December 31, 2020 (the "CDC Order"); and

WHEREAS, the CDC Order recognizes that COVID-19 poses a historically unprecedented threat to public health, and that a temporary halt to certain residential evictions "constitutes a reasonably necessary measure to prevent the further spread of COVID-19 throughout the United States"; and

WHEREAS, the CDC Order protects certain residential tenants from eviction for nonpayment of rent under certain conditions; and

WHEREAS, the CDC Order applies to North Carolina and, according to the Order's terms, shall be enforced by federal authorities and cooperating state and local authorities; and

WHEREAS, despite the application of the CDC Order to North Carolina, recent reports have made clear that the CDC Order has been enforced inaccurately and inconsistently in some parts of North Carolina, thereby exposing some tenants to unwarranted eviction and unnecessary hardship; and

WHEREAS, many residential tenants who have been evicted from their homes lack adequate resources and legal representation to assist with any challenges to potentially inaccurate and inconsistent applications of the CDC Order to their particular circumstances; and

WHEREAS, in order to qualify for protection from eviction under the CDC Order, a residential tenant must complete a declaration form, under penalty of perjury, and provide it to his or her landlord, declaring, among other required criteria for eligibility, that the tenant has used best efforts to obtain all government assistance for rent or housing, that the tenant has used best efforts to make timely partial payments that are as close to the full payment as the tenant's circumstances may permit, and that the tenant or tenant's household is below a certain income threshold (the "Declaration"); and

WHEREAS, many residential tenants in North Carolina who would otherwise qualify for eviction protection under the terms of the CDC Order are unaware of the obligation to deliver a completed and signed Declaration to their landlord, and accordingly do not then receive the corresponding protection from eviction under that Order, resulting in unwarranted evictions and unnecessary hardship for many North Carolinians; and

WHEREAS, under the CDC Order, landlords are not required to inform their residential tenants at risk of eviction or in the process of eviction of the CDC Order of the tenants' obligation to provide the landlord with a completed and signed Declaration in order to receive the full scope of protection under the Order; and

WHEREAS, an affirmative obligation on the landlord to provide a residential tenant with a copy of the Declaration form in any action for eviction against that tenant under Article 3 of Chapter 42 of the North Carolina General Statutes will inform and educate residential tenants about their rights under the CDC Order, and may lessen the number ofNorth Carolinians removed from their homes during the COVID-19 pandemic; and

WHEREAS, for the same reasons, a landlord must be required to inform the court if a tenant has provided the landlord with a copy of the Declaration, and any Declaration must be filed with the court; and

WHEREAS, to ensure the effective execution of the CDC Order, this Executive Order provides for the modification of residential leases to effectuate certain procedures in the event a tenant's Declaration is filed with the court, and in the event the landlord decides to contest that Declaration; and

WHEREAS, like the CDC Order, this Executive Order does not block evictions for reasons other than nonpayment of rent, interest, late fees, or penalties; and

WHEREAS, the restrictions on evictions under this Executive Order shall extend only during the term of this Executive Order; and

WHEREAS, the CDC Order does not relieve any residential tenant from the obligation to pay rent, make housing payments, or comply with any other obligation that the tenant may have under tenancy, lease or contract, and it does not protect tenants from eviction for reasons of criminal activity, threatening the health or safety of other tenants, or violating building codes or other ordinances; and

WHEREAS, in order to ensure accuracy and consistency in the application of the CDC Order to residential tenants in North Carolina, and to best protect the most vulnerable of North Carolina households during the COVID-19 pandemic, the undersigned desires to (i) clarify that the protections for qualifying residential tenants under the CDC Order shall apply to those qualifying residential tenants in North Carolina and (ii) implement other reasonable and necessary measures to clarify and extend the protections extended by the CDC Order; and

Residential Assistance Program in North Carolina

WHEREAS, the undersigned has established the HOPE program for rent and utility assistance, overseen and administered by the North Carolina Office of Recovery and Resiliency, and seeded with Coronavirus Aid, Relief and Economic Security Act (''CARES") funding in excess of $11 7 million dollars; and

WHEREAS, the HOPE program, which launched October 15, 2020, is aimed at those residential tenants who have a household median income at or below eighty percent of their area's median income, occupy a rental property as their primary residence, and are behind on rent or utility bills when they apply for monetary assistance; and

WHEREAS, the HOPE program provides monetary assistance to those residential tenants who meet the program's criteria, by way of rent payments made directly to the residential tenant's landlord, for up to six months of rental assistance, and provides protection from eviction for qualifying tenants, provided their landlord executes an agreement not to evict the qualifying tenant for a specified duration of time, in exchange for receipt of funds through the HOPE program (the "'HOPE Landlord-Tenant Agreement"); and

WHEREAS, since the HOPE program became effective, over 22,800 North Carolinians have applied for assistance through the program, underscoring the significant need for rental assistance and eviction protection across the state during the pandemic; and

WHEREAS, as of the date of this Executive Order, the vast majority of HOPE program applicants who have met the eligibility criteria for assistance under that program have not yet received protection from eviction, because their application has not yet advanced to the stage whereby the landlord must execute the required HOPE Landlord-Tenant Agreement; and

WHEREAS, the undersigned wishes to extend the protections of this Executive Order to those HOPE program applicants who have met the eligibility criteria for assistance under that program but who have not yet received protection from eviction under the HOPE Landlord-Tenant Agreement; and

Statutory Authority and Determinations

WHEREAS, Executive Order No. 116 invoked the Emergency Management Act, and authorizes the undersigned to exercise the powers and duties set forth therein to direct and aid in the response to, recovery from, and mitigation against emergencies; and

WHEREAS, pursuant to N.C. Gen. Stat.§ 166A-19.10(b)(2), the undersigned may make, amend, or rescind necessary orders, rules, and regulations within the limits of the authority conferred upon the Governor in the Emergency Management Act; and

WHEREAS, pursuant to N.C. Gen. Stat. § 166A-1 9 .1 0(b )( 4 ), the undersigned is authorized to "cooperate and coordinate" with the President of the United States and the heads of department and other agencies of the federal government; and

WHEREAS, pursuant to N.C. Gen. Stat. § 166A-19.10(b)(7), the undersigned is authorized and empowered to utilize the services, equipment, supplies, and facilities of political subdivisions, and their officers and personnel are required to cooperate with and extend such services and facilities to the undersigned upon request; and

WHEREAS, pursuant to N.C. Gen. Stat.§ 166A-19.30(a)(l), the undersigned may utilize all available state resources as reasonably necessary to cope with an emergency, including the transfer and direction of personnel or functions of state agencies or units thereof for the purpose of performing or facilitating emergency services; and

WHEREAS, pursuant to N.C. Gen. Stat. § 166A-19.30(a)(2), during a Gubematorially declared State of Emergency, the undersigned has the power to "give such directions to state and local law enforcement officers and agencies as may be reasonable and necessary for the purpose of securing compliance with the provisions of this Article; and

WHEREAS, pursuant to N.C. Gen. Stat.§ 166A-19.30(a)(3), the undersigned may take steps to assure that measures, including the installation of public utilities, are taken when necessary to qualify for temporary housing assistance from the federal government when that assistance is required to protect the public health, welfare, and safety; and

WHEREAS, pursuant to N.C. Gen. Stat.§ 166A-19.30(b)(2), the undersigned, with the concurrence of the Council of State, may establish a system of economic controls over all resources, materials, and services, including shelter and rents; and

WHEREAS, pursuant to N.C. Gen. Stat. § 166A-l 9.30(b)(4), the undersigned, with the concurrence of the Council of State, may waive a provision of any regulation or ordinance of a state agency or political subdivision which restricts the immediate relief of human suffering; and

WHEREAS, pursuant to N.C. Gen. Stat.§ 166A-19.30(b)(5), the undersigned, with the concurrence of the Council of State, may perform and exercise such other functions, powers, and duties as are necessary to promote and secure the safety and protection of the civilian population; and

WHEREAS, N.C. Gen. Stat. § 166A-19.I0(b)(3) further authorizes and empowers the undersigned to delegate Gubernatorial vested authority under the Emergency Management Act and to provide for the sub-delegation of that authority; and

WHEREAS, the undersigned has sought and obtained concurrence from the Council of State consistent with the Governor's emergency powers authority in N.C. Gen. Stat.§ 166A-19.30.

NOW, THEREFORE, by the authority vested in me as Governor by the Constitution and the laws of the State ofNorth Carolina, IT IS ORDERED:

Section 1. Evictions Moratorium.

For the reasons and pursuant to the authority set forth above, the undersigned orders as follows:
A. Protections Apply to all Residential Tenants Who Qualify under the CDC Order.
I. The protections of the CDC Order shall apply to all residential tenants in North Carolina who qualify for protection from eviction under the terms of that Order.
2. Nothing in this Executive Order precludes evictions of tenants for reasons other than nonpayment or late payment of rent (including nonpayment or late payment of fees, penalties or interest).
3. For avoidance of doubt, such protections apply to those qualifying residential tenants regardless of whether or not the rental property is federally subsidized.

Section 2. Landlords' Obligations in any Residential Eviction Action; Application of the CDC Order's Protections.
For the reasons and pursuant to the authority set forth above, the undersigned orders that all residential leases are modified to effectuate the following procedures. These procedures are required only during the effective period of this Executive Order.
A. Obligation to Provide CDC Declaration Form to Residential Tenants in any Action for Eviction. In any action for eviction to recover possession of residential property under Article 3 of Chapter 42 of the North Carolina General Statutes that is commenced on or after the effective date of this Executive Order and before the termination of this Executive Order, the landlord must execute an affidavit and present it to the court certifying that the landlord has provided the residential tenant with a blank copy of the Declaration form.

B. One Declaration per Household. A single Declaration or a single equivalent declaration from a tenant responsible for paying rent under the lease is sufficient to activate the protections of this Executive Order. Notwithstanding any guidance from the CDC to the contrary, separate Declarations are not required from each person living in the home.

C. Result of Filing a Declaration. In actions pending on or commenced after the date of this Executive Order, a landlord who has been provided with a tenant's Declaration pursuant to the CDC Order shall immediately notify the court that such Declaration has been received and shall submit a copy of the Declaration to the court within five (5) days of receipt.

D. Purposes for which Eviction Actions May Proceed. In the event the landlord believes the action should still proceed despite the filing ofthe Declaration, the landlord shall submit to the court a response to the Declaration identifying in writing why the landlord believes the action should still proceed despite the protections ofthe CDC Order. For example, the landlord may respond by indicating that the eviction is for a reason other than nonpayment or late payment of rent. A hearing to determine whether the action should proceed shall be held according to the timeline for hearings for eviction proceedings, or as otherwise established by the court.

E. Writs of Possession.
1. Upon receiving a Declaration, the landlord shall take no actions to request a writ of possession, and the landlord is not entitled to the writ, but the landlord may submit a response to the Declaration as stated above in Subsection D.
2. If a court determines that the eviction should proceed under Subsection D, and ultimately enters a judgment against the tenant, nothing in this Executive Order prohibits a landlord from requesting a writ of possession, and the landlord shall be legally entitled to a writ of possession in those circumstances.

Section 3. Impact of Receipt of Monetary Assistance through the HOPE Program.

For the reasons and pursuant to the authority set forth above, the undersigned orders as follows: The protections from eviction of this Executive Order shall extend to those residential tenants who have applied for the HOPE program and have been notified that they have met the eligibility criteria for participation in the HOPE program, even if those residential tenants would not qualify for protection from eviction under the CDC Order. Once the landlord has executed the HOPE Landlord-Tenant Agreement, the tenant shall be protected from eviction under the terms of that Agreement, and not under this Executive Order.

Section 4. No Private Right of Action.

This Executive Order is not intended to create, and does not create, any individual right, privilege, or benefit, whether substantive or procedural, enforceable at law or in equity by any party against the State ofNorth Carolina, its agencies, departments, political subdivisions, or other entities, or any officers, employees, or agents thereof, or any emergency management worker (as defined in N.C. Gen. Stat.§ 166A-l 9.60) or any other person.

Section 5. Savings Clause and Interpretation.

A. If any provision of this Executive Order or its application to any person or circumstances is held invalid by any court of competent jurisdiction, this invalidity does not affect any other provision or application of this Executive Order, which can be given effect without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are declared to be severable.

B. The protections stated in this Executive Order are independent from the requirements of the CDC Order and shall be in force regardless of any repeal, recission, amendment, or administrative interpretation of the CDC Order. If any court without jurisdiction over the State ofNorth Carolina enjoins or otherwise blocks or modifies the CDC Order, in whole or in part, this Executive Order shall continue to apply, and this Executive Order shall continue to provide the protections listed in the CDC Order.

Section 6. Distribution.

I hereby order that this Executive Order be:
(I) distributed to the news media and other organizations calculated to bring its contents to the attention of the general public;
(2) promptly filed with the Secretary of the North Carolina Department of Public Safety, the Secretary of State, and the superior court clerks in the counties to which it applies, unless the circumstances of the State of Emergency would prevent or impede such filing; and
(3) distributed to others as necessary to ensure proper implementation of this Executive Order.

Section 7. Enforcement.

A. Pursuant to N.C. Gen. Stat. § I66A-l 9.30(a)(2), the provisions of this Executive Order shall be enforced by state and local law enforcement officers.

B. A violation of this Executive Order may be subject to prosecution pursuant to N.C. Gen. Stat. § 166A- 19.30(d), and is punishable as a Class 2 misdemeanor in accordance with N.C. Gen. Stat. § l4-288.20A.

C. Nothing in this Executive Order shall be construed to preempt or overrule a court order

regarding an individual's conduct (e.g., a Domestic Violence Protection Order or similar orders limiting an individual's access to a particular place).

Section 8. Effective Date.

This Executive Order is effective October 30, 2020, at 5:00 pm. This Executive Order shall remain in effect until December 3 1, 2020 unless repealed, replaced, or rescinded by another applicable Executive Order. An Executive Order rescinding the Declaration of the State of Emergency will automatically rescind this Executive Order.

IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State ofNorth Carolina at the Capitol in the City of Raleigh, this 281h day of October in the year of our Lord two thousand and twenty.

Roy Cooper,
Governor


Published at 3:45pm on Wednesday, October 28, 2020

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News and Weather Briefing for Monday, October 26, 2020

OUTLOOK

Cool high pressure is expected to weaken today as cool temperatures linger. Expect a return to above normal temperatures for Tuesday and Wednesday before the next round of rain appears by Thursday ahead of a strong upper low. As this low moves off the East Coast late Friday, cool, dry high pressure will drop temperatures a little below normal for next weekend.




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General forecast through Wednesday night


Today

Patchy fog this morning. Otherwise, partly sunny, with highs in the 60s. Calm winds.

Monday Night

Patchy fog after 1am. Otherwise, mostly cloudy, with lows ranging from the mid-to-upper 40s in the higher elevations to the mid-50s in the lower elevations. Calm winds.

Tuesday

Mostly cloudy, then gradually becoming sunny, with highs ranging from the mid-60s in the higher elevations to the mid-70s in the lower elevations. Calm winds.

Tuesday Night

Partly cloudy, with lows ranging from the upper 40s in the higher elevations to the mid-50s in the lower elevations. Calm winds.

Wednesday

A 30 percent chance of showers, mainly after 1pm. Partly sunny, with highs mainly in the 60s wqith a few locations in the lower elevations reaching the low 70s.

Wednesday Night

Showers likely, mainly after 3am. Mostly cloudy, with lows tanging from the mid-50s to the lower 60s. Chance of precipitation is 60%.




News Brief
(repeat from Saturday)

Cowee Volunteer Fire Department will be holding a Benefit for Junior Firefighter Dakota Collins on Saturday, November 7th. [LINK]

Due to COVID-19 cases within Macon County Animal Services and in preparation to continue essential service delivery at Macon County Public Health, Macon County Animal Services (a section within Macon County Public Health) will be limiting services until at least November 2nd, 2020. [LINK]

The 43rd Prosecutorial District Resumes Jury Trials [LINK]

The NC State Board of Election reminds us that voter intimidation is against the law [LINK] 

NCDHHS has issued guidance for Halloween activities during #COVID19. It's strongly recommended that alternate activities, instead of door-to-door trick-or-treating, take place. Find out which activities are considered low risk & which should be avoided: [PDF]  

NCDHHS Interim Guidance for Fall-Related Events [PDF] 

Here are the latest COVID-19 Numbers and Demographics Report from Macon Public Health, along with a couple of charts by Macon Media to show you the long-term trends since May 30, 2020, when the health department started releasing numbers to Macon Media.


Cases

738 Detected
(+8 from Thursday and +29 from last Friday and +124 in four weeks)

35 Active
(+6 from Thursday and +9 from last Friday and +13 in four weeks)

696 Recovered
(+2 from Thursday and +18 from last Friday and +111 in four weeks)

7 Deaths
(unchanged from Thursday and unchanged from last Friday and unchanged in four weeks)

Testing

6258 by MCPH
(+70 from Thursday and +164 from last Friday and +663 in four weeks)

2809 by others
(+78 from Thursday and +361 from last Friday and +694 in four weeks)

9067 total
(+148 from Thursday and +525 from last Friday and +1357 in four weeks)

183 tests pending results
(+70 from Thursday and +15 from last Friday and +152 in four weeks)

HAZARDS

Hazardous weather is not anticipated today. Moisture from Tropical Storm Zeta will bring some rain and storms to the area beginning about midday Wednesday with the core of the storm reaching us sometime Thursday morning, so be prepared for the possibility of heavy rains, high winds, and possible flooding. Most of the action is expected to be south and east of Macon County. Right now, it looks like we could receive anywhere from an inch to 5 inches of rain. Some locations on the Highland Plateau could see 7 inches of rain.

The National Weather Service has issued a Special Weather Statement and a copy has been posted here.

Special Weather Statement

A small threat of flooding and damaging wind could develop in parts of the area Wednesday night or Thursday as a cold front and the remnants of Tropical Storm Zeta sweep across the Southeast. Monitor the latest forecast for updates on this system.


Air Quality

Air quality is in the extreme upper range of green today for all elevations.

Pollen

Pollen levels are expected to be low (1.9 out of 12) with ragweed and chenopods being the main culprits. Tomorrow is expected to be a little higher (2.1 out of 12).


Weather Extremes for Macon County for October 26th

Highest Temperature 86°F at the Coweeta Experimental Station in 1947
Lowest Temperature 17°F in Highlands in 1903
Greatest One-Day Rainfall 2.99 inches at the Coweeta Experimental Station in 1977 Greatest One-Day Snowfall (there has been snowfall recorded on this date since record-keeping began in 1872)

TROPICAL WEATHER
(The North Atlantic Hurricane Season runs from June 1st to Nov 30th)



Tropical Tidbit from Levi Cowan (video recoded yesterday afternoon)

Tropical Weather Outlook
NWS National Hurricane Center Miami FL
200 AM EDT Mon Oct 26 2020

For the North Atlantic...Caribbean Sea and the Gulf of Mexico:

The National Hurricane Center is issuing advisories on Tropical Storm Zeta, located over the northwestern Caribbean Sea.

The National Hurricane Center has issued the last advisory on Post-Tropical Cyclone Epsilon, located over the far North Atlantic several hundred miles east of Cape Race, Newfoundland.

Tropical cyclone formation is not expected during the next 5 days.

Tropical Storm Zeta Discussion Number 6
NWS National Hurricane Center Miami FL AL282020
1100 PM EDT Sun Oct 25 2020

The tropical storm continues to produce deep convection on its south side, with the low-level center estimated to be near the northern edge of the thunderstorms. The last pass from the NOAA Hurricane Hunters a few hours ago indicated that the minimum pressure had fallen to 997 mb, and since the storm appears better organized than before the initial intensity is nudged up to 50 kt. This intensity estimate is slightly above the latest Dvorak numbers. The NOAA Hurricane Hunters are planning to be in Zeta again overnight and that data will be helpful in assessing the storm's intensity and structure.

Zeta has not moved much during the past several hours, and the initial motion is a very slow north-northwest drift. As ridging begins to build over and near Florida, Zeta is forecast to move faster to the northwest overnight and Monday, and that should take the center of the cyclone near or over the northeastern portion of the Yucatan Peninsula in about 24 hours. The ridge is then expected to shift eastward over the western Atlantic on Tuesday and Wednesday as a large and quite powerful mid- to upper-level low moves eastward across the southwest and south-central United States. This change in the steering pattern should cause Zeta to accelerate northward toward the northern Gulf Coast, and likely make landfall there on Wednesday. The models remain in poor agreement on the details of the evolution of the steering pattern and consequently, there is about a 300 n mi spread in the landfall locations from the various models, which currently spans the region from the far western Florida panhandle to western Louisiana. The NHC track forecast is a little west of the previous one trending toward the middle of the guidance envelope. Based on the poor model agreement, the confidence in the track forecast is lower than normal. It is hoped that data being collected by the NOAA Gulfstream jet flying around Zeta and special NWS weather balloon launches will help the models come into better agreement on the future track of Zeta soon.

Given the low wind shear conditions, moist air mass, and high oceanic heat content over the northwestern Caribbean, steady strengthening seems likely until Zeta reaches the Yucatan Peninsula by late Monday. The cyclone is expected to be a hurricane at landfall in Mexico, and the new forecast shows a slightly higher intensity there based on the new models and favorable conditions. The models differ on how long the core of Zeta will be inland over the Yucatan, but in general, it seems likely that significant weakening won't occur given the storm's expected increasing forward speed. The overall environmental conditions are anticipated to remain generally favorable while Zeta moves across the southern Gulf of Mexico, but there should be an increase in shear when it reaches the central Gulf and the cyclone will then be moving over the cooler shelf waters over the northern Gulf. The combination of the stronger shear and cooler waters should cause Zeta to level off in strength and perhaps weaken slightly before the U.S. landfall. The intensity models are in fair agreement, and the NHC forecast lies near the HCCA and IVCN consensus models.

KEY MESSAGES:

1. Hurricane conditions and storm surge are expected in portions of the northern Yucatan Peninsula of Mexico Monday night and early Tuesday. Tropical storm conditions could occur over extreme western Cuba on Monday.

2. Through Wednesday, heavy rainfall is expected from Zeta across portions of central and western Cuba, the Cayman Islands, Jamaica, the northeast Yucatan peninsula of Mexico, southern Florida and the Keys. This rainfall could lead to flash flooding in urban areas.

3. Zeta is forecast to be at or near hurricane strength when it approaches the northern Gulf Coast on Wednesday, and there is an increasing risk of storm surge, rainfall, and wind impacts from Louisiana to the Florida Panhandle. Residents in these areas should monitor the progress of Zeta and updates to the forecast.

FORECAST POSITIONS AND MAX WINDS

INIT 26/0300Z 18.1N 83.8W 50 KT 60 MPH
12H 26/1200Z 18.9N 84.7W 60 KT 70 MPH
24H 27/0000Z 20.2N 86.5W 75 KT 85 MPH
36H 27/1200Z 21.8N 88.6W 65 KT 75 MPH
48H 28/0000Z 24.0N 90.4W 65 KT 75 MPH
60H 28/1200Z 27.1N 91.1W 65 KT 75 MPH
72H 29/0000Z 31.1N 89.6W 50 KT 60 MPH...INLAND
96H 30/0000Z 38.7N 78.8W 30 KT 35 MPH...POST-TROP/EXTRATROPICAL
120H 31/0000Z...DISSIPATED




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Published at 4:00am Monday, October 26, 2020

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Jury Trails Resume in the 43rd Prosecutorial District

Press Release
43rd Prosecutorial District
Friday, October 23, 2020

After months of delay, jury trials resume on a limited basis next week in the 43rd Prosecutorial District, made up of the state’s seven westernmost counties and overseen by District Attorney Ashley Hornsby Welch.

The first jury trials in the district start Monday in Haywood County.

In March, Chief Justice Cheri Beasley ordered a statewide halt to jury trials to help combat coronavirus spread. She extended the restriction through Oct. 15. Though jury trials have not taken place, North Carolina’s judicial system has continued its day-to-day functions, such as accepting pleas, holding traffic court and granting protections to victims of domestic violence.

In anticipation of the gradual resumption of jury trials, Chief Justice Beasley directed senior resident superior court judges, in consultation with local officials, to craft court safety plans. The state’s Administrative Office of the Courts and the public health director for each county reviewed and approved all safety measures. The 43rd Prosecutorial District has two senior resident judges: Bradley B. Letts oversees 30B, made up of Haywood and Jackson counties; Bill Coward oversees 30A, made up of Macon, Clay, Cherokee, Graham and Swain counties.

The judges retain discretion to suspend jury trials in their counties in connection with COVID-19, based on local needs and conditions.

In this prosecutorial district, precautions in court include:

• Requiring face masks or shields.
• Separating summoned jurors 6- to 10-feet apart.
• Maintaining proper social distancing during breaks and deliberations.
• Limiting seating for spectators to designated spaces and holding one seat open for the press.
• Presenting exhibits to the jury electronically or in a collective fashion; no paper distribution is allowed.
• Providing COVID-19 medical screenings of jurors, court personnel, attorneys witnesses and other involved parties.
• Restricting county court sessions to one week only.
• Finding substitute sites for court if a particular county’s courtroom is too small to maintain social distancing.

Haywood County has adequately sized courtrooms, as well as a jury assembly room that provides still more space, Assistant District Attorney Jeff Jones said. Jurors will be seated in both the juror box and in the audience area of the courtroom, providing 6- to 10-foot distancing; additionally, the courtrooms have been refigured with safety in mind.
The one-week restriction for jury trials has shaped the types of cases that can be heard.
“Those selected for trial are factually brief and do not require a large number of witnesses,” Jones said.

After Haywood’s session, Jackson and Clay counties are scheduled to hold jury trials for one week each, beginning Monday, Nov. 2. Assistant District Attorney John Hindsman Jr. said Clay County has adequate space for court proceedings, but jury selection will move from the courthouse to the recreation center/gym.

Haywood County has a second session for jury trials beginning the week of Nov. 9. Cherokee County will hold jury trials the week of Nov. 16, in the usual venue. Macon, Swain and Graham counties start jury trials in the new year.




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Published at 7:00pm Saturday, October 23, 2020

Read More

News and Weather Briefing for Thursday, October 22, 2020

OUTLOOK

Weak high pressure will continue over our region into Friday with a general southerly wind flow providing above normal temperatures. A weak cold front will cross our region early Saturday. A stronger cold front is expected to cross our area in the middle of next week.




DAY SPONSOR

Macon Media is being underwritten today by Franklin Health and Fitness, home of #ResultsForEveryone. Try FHF with a FREE 3-Day Guest Pass! To claim your pass, and to learn more about Franklin Health and Fitness, visit franklinhealthandfitness.com.

Weather Sponsor



Adams Products, a Division of Oldcastle is underwriting the daily weather briefing & public safety updates for the month.

Open 7:30 AM to 4:00 PM, M-F, located at 895 Hickory Knoll Road, Franklin, NC. Visit our Facebook page at: https://www.facebook.com/Adams.Oldcastle.Franklin.NC/

All your masonry needs are available. Our phone number is 828.524.8545, the public is welcome, we’ll help you with your next project.


--- END SPONSOR SEGMENT---



General forecast through Saturday night


Today

Patchy fog until midmorning. Otherwise, mostly sunny, with highs ranging from the upper 60s in the higher elevations to the mid-to-upper 70s. Calm winds.

Tonight

A 20 percent chance of showers after 3am. Patchy fog after 3am. Otherwise, partly cloudy, with lows ranging from near 50 in the higher elevations to the mid-to-upper 50s. Calm winds.

Friday

A 20 percent chance of showers. Partly sunny, with highs ranging from the mid-to-upper 60s to the mid-70s. Calm winds.

Friday Night

A 20 percent chance of showers before 9pm. Partly cloudy, with lows ranging from the upper 40s in the higher elevations to the mid-50s in the lower elevations. Calm winds.

Saturday

A slight chance of showers between 9am and 3pm, then a chance of showers and thunderstorms after 3pm. Mostly sunny, with highs ranging from the mid-60s in the higher elevations to the mid-70s. Calm winds. Chance of precipitation is 50%.

Saturday Night

A 50 percent chance of showers and thunderstorms before 9pm. Mostly cloudy, with lows ranging from the upper 40s in the higher elevations to the mid-50s.



News Brief
https://thunderpigblog.blogspot.com/2020/10/wx20201022.html
Cowee Volunteer Fire Department will be holding a Benefit for Junior Firefighter Dakota Collins on Saturday, November 7th. [LINK]

Press Release from the Macon County Public Library

Library Halloween Scavenger Hunt: Downtown Franklin

Franklin – The Children’s Department at the Macon County Public Library will be displaying special Halloween signs in various shops downtown for a fun scavenger hunt! Pick up your scavenger hunt at the library, call ahead for curbside pickup or to make an appointment and visit us. The Halloween signs will be on display in 10 downtown shops starting Monday, October 26th through Saturday, October 31st . Turn in your completed scavenger hunt after the 31 st and get your prize at the library. Prizes for each participant will include a small bag of candy and a glow stick.

Remember to call us at 828-524-3600 to either make an appointment or do curbside pickup for your scavenger hunt! We hope you have a spooktacular time!

Franklin Fire Department Cancels Boo Bash [LINK]

The NC State Board of Election reminds us that voter intimidation is against the law [LINK] 



Here are the latest COVID-19 Numbers and Demographics Report from Macon Public Health, along with a couple of charts by Macon Media to show you the long-term trends since May 30, 2020, when the health department started releasing numbers to the public.


Cases


727 Detected
(+9 from Tuesday and +26 from last Wednesday and +121 in four weeks)

28 Active
(+7 from Tuesday and -2 from last Wednesday and +4 in four weeks)

690 Recovered
(+2 from Tuesday and +28 from last Wednesday and +117in four weeks)

7 Deaths
(unchanged from Tuesday and unchanged from last Wednesday and unchanged in four weeks)


Testing


6178 by MCPH
(+42rom Tuesday and +15 from last Wednesday and +612 in four weeks)

2731 by others
(unchanged from Tuesday and +283 from last Wednesday and +656 in four weeks)

8909 total
(+42 from Tuesday and +441 from last Wednesday and +1268 in four weeks)

103 tests pending results
(+7 from Tuesday and +28 from last Wednesday and +37 in four weeks)

HAZARDS

Hazardous weather is not anticipated today.

Air Quality

Air quality is in the extreme upper range of green today for all elevations.

Pollen

Pollen levels are expected to be low (1.7 out of 12) with ragweed, chenopods, and grasses being the main culprits. Tomorrow is expected to be the same (1.7 out of 12).


Weather Extremes for Macon County for October 22nd

Highest Temperature 825°F in Highlands in 1931
Lowest Temperature 15°F at the Coweeta Experimental Station in 1952
Greatest One-Day Rainfall 2.74 inches in Highlands in 1956 Greatest One-Day Snowfall (there has been snowfall recorded on this date since record-keeping began in 1872)

TROPICAL WEATHER
(The North Atlantic Hurricane Season runs from June 1st to Nov 30th)

Tropical Weather Outlook
NWS National Hurricane Center Miami FL
200 AM EDT Thu Oct 22 2020

For the North Atlantic...Caribbean Sea and the Gulf of Mexico:

The National Hurricane Center is issuing advisories on Hurricane Epsilon, located over the west-central Atlantic a few hundred miles southeast of Bermuda.

1. A trough of low pressure located over the western Caribbean Sea is producing a large area of disorganized showers and thunderstorms which primarily extend near Jamaica, the Cayman Islands, and Cuba. Development of this system is unlikely to occur during the next few days as it passes near western Cuba and moves over the Straits of Florida. By late this weekend or early next week, however, some slow development is possible while the system moves generally northeastward from near the northwestern Bahamas toward the western Atlantic. Regardless of development, locally heavy rainfall is possible over portions of Cuba, South Florida, and the Bahamas through early next week.

* Formation chance through 48 hours...low...near 0 percent.
* Formation chance through 5 days...low...20 percent.






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Published at 5:00am Thursday, October 22, 2020

News and Weather Briefing for Saturday, October 17, 2020

OUTLOOK

Cooler and much drier air will filter in under Canadian high pressure with frost and freeze conditions expected across the mountains through this morning and possibly tonight/tommorrow morning. The Bermuda High will nose into the region early next week, supporting a rebound in temperatures to slightly above normal.




DAY SPONSOR





Weather Sponsor



Adams Products, a Division of Oldcastle is underwriting the daily weather briefing & public safety updates for the month.

Open 7:30 AM to 4:00 PM, M-F, located at 895 Hickory Knoll Road, Franklin, NC. Visit our Facebook page at: https://www.facebook.com/Adams.Oldcastle.Franklin.NC/

All your masonry needs are available. Our phone number is 828.524.8545, the public is welcome, we’ll help you with your next project.


--- END SPONSOR SEGMENT---



General forecast through Monday night


Today

Patchy fog in the morning. Areas of frost before 10am. Otherwise, sunny, with highs in the mid-to-upper 50s in the higher elevations to the low-to-mid 60s in the lower elevations. Calm winds.

Tonight

Areas of frost after 4am. Otherwise, mostly clear, with lows ranging from near freezing in the higher elevations and areas where pockets of cooler air can pool to the mid-to-upper 30s in the lower elevations. Calm winds.

Sunday

Areas of frost before 9am. Otherwise, sunny, with highs ranging from the upper 50s in the higher elevations to the mid-60s in the lower elevations. Light winds out of the southeast.

Sunday Night

Mostly clear, with lows ranging from the upper 30s in the higher elevations to the mid-40s in the lower elevations. Calm winds.

Monday

Mostly sunny, with highs ranging from the mid-60s in the higher elevations to the lower 70s in the lower elevations. Monday NightPartly cloudy, with lows in the 40s.



News Brief


Macon County Public Health Identifies a COVID-19 Cluster in a Local Church [LINK]

Macon County Public Health has identified a COVID-19 cluster of positive cases in an area church located in Franklin. NC DPH defines clusters of COVID-19 in workplace, educational, and other community settings as:

• A minimum of 5 cases with illness onsets or initial positive results within a 14-day period AND
• Plausible linkage between cases;

where cases were present in the same setting during the same time-period (e.g., same shift, same classroom, same physical work area); that the timing fits with likely timing of exposure; and that there is no other more likely source of exposure for identified cases (e.g., household or close contact to a confirmed case in another setting).

Members of Franklin Church of God's congregation have tested positive; all members of the congregation are aware of their exposure, and are currently being contacted for testing. Members of the congregation are encouraged to quarantine if they experience symptoms; those who test positive will be given isolation orders. In addition, church leadership has been provided disinfection guidance.

MCPH is working to identify additional close contacts of these individuals. The CDC defines close contact as being within approximately 6 feet of a person with an infection with COVID-19 case for a prolonged period of time of 10 minutes or longer. Based on information provided by the individual, county health officials will assess risks of exposure, determine which if any additional measures are needed such as temperature and symptom checks, quarantine and/or testing.

The entire state of North Carolina is under a "Safer at Home" executive order, currently under phase 3 with masks required to be worn when social distancing cannot be maintained. Older adults and people of any age who have serious underlying medical conditions might be at higher risk for severe illness from COVID-19; however, anyone of any age can become infected with this illness. Therefore, we ask that community members strictly follow the governor's orders and continue to practice social distancing, as well as safe hygiene measures such as hand washing and frequently cleaning touched objects and surfaces. The public can monitor the different phases of re-opening and learn more about the restrictions at https://covid19.ncdhhs.qov/quidance.

It is important to make sure the information you are getting about COVID-19 is coming directly from reliable sources. For more information, please visit the CDC's website at www.cdc.ciov/coronavirus and NCDHHS.

The NC State Board of Election reminds us that voter intimidation is against the law [LINK] 



Here are the latest COVID-19 Numbers and Demographics Report from Macon Public Health, along with a chart to show you the long-term trends since May 30, 2020, when the health department started releasing numbers to the public.

The health department has stopped releasing numbers over the weekend, so the next report on local numbers will be Monday afternoon.

Cases

709 Detected
(+3 from Thursday and +29 from last Friday and +115 in four weeks)

26 Active
(-6 from Thursday and -8 from last Friday and -1 in four weeks)

676 Recovered
(+9 from Thursday and +37 from last Friday and +116 in four weeks)

7 Deaths
(unchanged from Thursday and unchanged from last Friday and unchanged in four weeks)

Testing

6094 by MCPH
(+74 from Thursday and +174 from last Friday and +716 in four weeks)

2448 by others
(unchanged from Thursday and +115 from last Friday and +411 in four weeks)

8542 in total
(+74 from Thursday and +289 from last Friday and +1127in four weeks)

168 tests pending results
(+75 from Thursday and +38 from last Friday and +80 in four weeks)

HAZARDS

We are under A Freeze Warning this morning until 10am this morning. Other than that, no weather hazards are anticipated for today. Some isolated areas may dip below freezing again tonight, but it won't be a hard freeze. A copy of the Freeze Warning is posted below. Freeze Warning
URGENT - WEATHER MESSAGE
National Weather Service Greenville-Spartanburg SC
1009 PM EDT Fri Oct 16 2020


...FREEZE WARNING REMAINS IN EFFECT FROM 3 AM TO 10 AM EDT SATURDAY...

* WHAT...Sub-freezing temperatures as low as 31 expected.

* WHERE...Avery, Yancey, Mitchell, Swain, Haywood, Graham, Northern Jackson and Macon Counties.

* WHEN...From 3 AM to 10 AM EDT Saturday.

* IMPACTS...Frost and freeze conditions will kill crops, other sensitive vegetation and possibly damage unprotected outdoor plumbing.

PRECAUTIONARY/PREPAREDNESS ACTIONS...

Take steps now to protect tender plants from the cold. To prevent freezing and possible bursting of outdoor water pipes they should be wrapped, drained, or allowed to drip slowly. Those that have in-ground sprinkler systems should drain them and cover above- ground pipes to protect them from freezing.



Air Quality

Air quality is in the middle range of green today for all elevations.

Pollen

Pollen levels are expected to be low-medium (3.4 out of 12) with ragweed, chenopods, and grasses being the main culprits. Tomorrow is expected to drop into the low range (2.0 out of 12).


Weather Extremes for Macon County for October 17th

Highest Temperature 81°F in Highlands in 1965
Lowest Temperature 20°F in Highlands in 1978
Greatest One-Day Rainfall 7.50 inches in Highlands in 1879 Greatest One-Day Snowfall (no snowfall has been recorded on this date since records began in 1872 

TROPICAL WEATHER
(The North Atlantic Hurricane Season runs from June 1st to Nov 30th)

Tropical Weather Outlook
NWS National Hurricane Center Miami FL
200 AM EDT Sat Oct 17 2020

For the North Atlantic...Caribbean Sea and the Gulf of Mexico:

1. Showers and thunderstorms continue to gradually become better organized in association with a non-tropical low pressure system located about 500 miles east-southeast of Bermuda. Although the circulation is still somewhat elongated, the center appears better defined than it was yesterday. Continued slow development is expected, and a subtropical depression or storm is likely to form during the next couple of days while the low meanders well to the southeast of Bermuda.

* Formation chance through 48 hours...high...70 percent.
* Formation chance through 5 days...high...80 percent.

2. A broad area of low pressure is expected to form in a few days over the southwestern Caribbean Sea. Some gradual development of this system will be possible through the middle of next week while it moves slowly over the southwestern or western Caribbean Sea.

* Formation chance through 48 hours...low...near 0 percent.
* Formation chance through 5 days...low...30 percent.






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Published at 5:00am Saturday, October 17, 2020