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HomeMy WebLinkAboutMinutes - 19870526 MINUTES JOINT MEETING ORANGE COUNTY BOARD OF COMMISSIONERS AND THE ORANGE COUNTY PLANNING BOARD QUARTERLY PUBLIC HEARING MAY 26, 1987 The orange County Board of Commissioners met jointly with the Planning Board for the purpose of holding a public hearing on May 2G, 1987 at 7:30 p.m. in Superior Courtroom, Hillsborough, North Carolina. BOARD MEMBERS PRESENT: Chair Shirley E. Marsha].]. and Commissioners Moses Carey, Jr., Stephen Halkiotis, John Hartwell and Don Willhoit. PLANNING BOARD MEMBERS PRESENT: Chair Barry Jacobs and members Chris Best, Dan Eddleman, Peter Kramer, Mike Lewis, Betty Margison, Brenda Swann, Prince Taylor and Steve Yuhasz. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: County Manager Kenneth R. Thompson, Assistant County Managers William T. Laws and Albert Kittrell, Administrative Secretary Joanna Bradshaw, Clerk to the Board Beverly A. Blythe, Planning Director Marvin Collins, Planners Gene Bell and Greg Szymik. A. BOARD COMMENTS None • B. AUDrENCE COMMENTS i.. MATTERS ON THE PRINTED AGENDA - Chair Marshall announced that those who have indicated a desire to speak will be recognized at the time their item appears on the agenda. MATTERS NOT ON THE PRINTED AGENDA None PUBLIC CHARGE Chair Marshall read the public charge as-written in the agenda and as contained in the regulations governing the Board. C. PUBLIC HEARINGS 1. ANIMAL CONTROL ORDINANCE Dr. Anne Gross, Chair of the Animal Control Task Force, explained that two years ago the Berard of Health became concerned about the extensive increase in the animal control budget which included the animal control department itself, which is located in the Health Department, and the animal shelter. At that time, under the auspices of the Board of Health a subcommittee was formed. Two months ago the County Commissioners gave this committee a charge and appointed additional members to serve. The primary focus was placed on the current problems with animal control enforcement and what could be done to help the situation. The final. proposed Animal Control Ordinance is the subject of the public hearing. Dr. Gross identified the members of the task force and asked that Don Ingram review the contents of the Ordinance. Mr. Ingram stated the intent of the task force was to address some of the problem points that had been raised by the public to the Commissioners. A comprehensive view was taken of the animal control program in the County to draft an Ordinance to address the current and future issues the County will face. He identified several of the major changes in the Ordinance: 1. Animal Control Director - it is recommended that the animal control program for Orange County be placed under an animal control director who has a background and training in animal _.,...~ control issues. 2. Domesticated Livestock - the Ordinance addresses some of the concerns expressed by the cattlemen in the County. 3. .Licensing and Registration - a differential licensing fee schedule is recommended in the Ordinance. 4. Control of animals - the Ordinance encourages throughout responsible pet ownership. 5. Restraint of animals - standards for the length of a leash and standards for insuring the proper humane treatment of animals is included in the Ordinance. 6. Steel Leghold Traps -the Ordinance bans the use of steel jaw traps but does provide for ~a permit under certain circumstances. Concerns about humans and pet animals being caught in the traps were addressed. 7. Standards are set out in the Ordinance for various classes of institutes which house animals. 8. Penalties for violators of the Ordinance are .listed. The Animal Control Officer will. be given some responsibility for enforcing the provisions of the Ordinance. In answer to a question from Planning Board Member Chris Best, Mr. Ingram clarified that the ordinance sets out standards for the resale of animals and does not address the problem of dognaping. Planning Board member Peter Kramer asked if there is a provision for.~~=, the compensation of livestock if killed. Mr. Ingram reported there is a provision in the State Statutes which states that the owner of livestock whose stock is damaged by another animal can through civil action file for'` compensation. THE PUBLIC HEARING WAS OPEN FOR CITIZEN'S COMMENTS WAYNE WIGGINS spoke in opposition to the Ordinance stating there is na need for the ordinance in the County and ask that the Ordinance be put to a vote of the people. EMILY WEINSTE2N spoke in support of the ban of the leghold trap stating that it is cruel and should be banned throughout the world. It causes extreme pain for the wild animals and also for domestic .animals. It is barbaric and should be banned. BILL BREEZE made reference to Section 4 and expressed opposition to this section. He stated that Section 11 which requires dogs to be tied in the back of pickup trucks is not necessary. If a dog is restrained he will try to get lose and get hurt. This restriction should not be placed on the citizens of Orange County. The impact of this section needs to be reviewed. He stated he lost several thousand dollars worth of timber because of the beavers. The fox population has increased over the years. He uses traps and stated they do not hurt animals if the traps are monitored regularly. The Ordinance is a good start but the impact needs to be determined before approval. GILBERT PETTY spoke in opposition of the ban of the leghold traps. He spoke about depredation of livestock and the overpopulation of racoons, muskrats, and the beavers. The beavers dam up the water and flood the i - fields. Muskrats cause a problem in the fish ponds. The only way~to~ prevent problems is to control the population of these animals. Rabies are spread by these wild animals. The State has humane guidelines that must be followed. He stated he is a state licensed trapper. The leghold - steel jawed trap is the most essential weapon against wild animals. The State also regulates the size of the traps. DEAN A. DETER spoke about the depredation of cattle. He endorsed the proposed Ordinance stating that nearly every livestock producer in Orange County has suffered some lost over the years due to freeroaming dogs. The problem is not primarily caused by wild or hunting dogs but by pets whose owners who do not respect the rights of others. DR. ANNE GROSS spoke about the steel leghold trap. She expressed support for the ban on the traps stating that there are alternatives that can be used that are a lot more humane. DR. E. V. VANSTEE commented on the standards for facilities that house animals. These facilities have been divided into three categories - commercial kennels, non-commercial kennels and pet stores. Pet owners should be able to feel assured that when their pets are boarded that these animals are going to be cared for according to the same high standards the owners have provided. He stated that quite often cruelty complaints arise in connection to private ownership of groups of animals. The standards for non-commercial kennels will provide public access to these facilities in case of complaints. He pointed out that if an animal falls out of the back of an open pickup truck that not only may the fall cause harm to the animal but may cause a potential traffic hazard. He explained the cross tie method that is recommended. He spoke about the steel leghold traps and the injuries caused by these traps. DR. JOHN W. GRANDY ~, Vice-President of the Wildlife Organization far ~~ the Humane Society for the United States stated that across the United States communities are developing ordinances which provide, comprehensive regulations to protect the health and safety of pets, domestic animals and people, to prohibit crue~.ty to animals and to provide adequate community financial support for the critical services provided by animal control. As a biologist, he stated that saying trapping will prevent the overpopulation of animals is wrong. Most wild animals will limit their own population through natural means. Trapping is primarily done because trappers sell furs. It is inaccurate that trapping will keep the population disease free. Trappers are more likely to catch healthy animals than those that are unhealthy or diseased. When animals contract rabies they die. There are alternatives to the leghold trap when trapping is necessary. The leghold trap is cruel and inhumane. On behalf of the Humane Society of the United States he urged the adoption of the Ordinance. JON DENSBACH , member of the North Carolina Network for Animals, made comments about the health of the wildlife population. Because of the population growth in the County, animal habitat and homes are disappearing. Animals need time to search out for new homes and to adapt to new surroundings. Traps take young healthy animals while natural populations regulate themselves by taking the weak and sick animals. DR. WAYNE JORDAN supports the ordinance with a few exceptions. He opposes the fees as outlined for licensing and permits. He indicated this is just another tax. The requirements as set forth in the Ordinance for the non- commercial kennel is more red tape and he is opposed to this section, stating there should be no fee for the non-commercial kennel. He ~"~believes that the section pertaining to dogs riding in the back of a pickup truck is unnecessary. He suggested that the first line of the section dealing with hunting dogs be deleted. DIETRICH HAUGWITZ presented and read a letter from Nancy Rich, `~~"~ President of the North Carolina Network for Animals. She urged the ban of the leghold trap stating that leghold traps are a danger to hikers, children and pets. Mr. Haugwitz added his endorsement to the ban of the leghold trap. The device is a monsterous and extremely cruel device and other control devices are available. He presented for the record some documents from a study done in New Jersey. BILL MISHOE referred to the differential fee schedule stating it should be deleted from the Ordinance. He doesn't feel that it is necessary to regulate non-commercial kennels. He referred to the statement in the Ordinance that says a dog must be in the presence of its owner. He explained that when hunting, you keep up with a dog by the sound and not by the actual presence of that dog. He expressed opposition to the section referring to the transport of dogs in the back of a pickup truck. JACKIE STROUBLE spoke in support of the proposed Ordinance. The ordinance addresses those changes which have come about due to growth in the area. The cost for the control of animals fa~.ls on the taxpayer. She is a volunteer that helps take care of wildlife that is injured or hurt.. The wild animals are to be respected. She supports the ban on the leghold trap stating there is not a shortage of rabbit, quail or turkey. PAT SANFORD , Executive Director of the Animal Protection Society, stated that the Animal Protection Society fully supports the recommendation of the Animal Control Task Force and the Society stands ready to assist the County in the implementation of this animal control program. She pointed out that there is reason to have in the Ordinance a depredation clause. There are thousands of cases where domestic animals and humans have been injured by a leghold trap. She talked about the increasing cost to the County because of the lack of a strong Animal Control Ordinance. Animal problems wi~.l continue to increase as growth in the County continues. The shelter is overcrowded and it gets worst each year. The number of animals must be controlled. This Ordinance will put into effect a differential licensing fee. She talked about the cat problems due to the increase in popularity. People must take responsibility for their animals to protect other animals and in particular livestock. Site cases have increased. By~requiring the dogs and cats to wear a rabies tag, it will be easier to trace the owner. she encouraged the Board to pass the Ordinance in its entirety. CYNTHIA WISE , member read a letter from the endorsed the Ordinance. is illegal is over 60 using cages. The shelter can then be relocated. of the Board of the Animal Protection Society, North Carolina Humane Federation. The letter It spoke about the leghold trap stating that it countries. Ms. Wise stated she traps animals by has them available for loan. The trapped animal JAMES WHITE spoke in support of the Ordinance with the exception of the ban on leghold traps. He stated it doesn't seem germaine to the basic problems that prompted the Ordinance. The problems sited in this section should be dealt with as a separate issue and not in this Ordinance. =1 DAVID DAVIS member of the Board of Directors for the Eno River Association, objected to the differential fee schedule stating there are ,, -, parts of rural Orange County that don't need this Ordinance. -'H~e- emphasized that he doesn't need anyone coming to his home and telling him how to take care of his dogs. He asked that the Ordinance be restudied. GENE HANRANAN , told about a pet of his which got caught in a trap. He feels that the legislation should be temporary and that the County should work with the cattlemen to solve their problems. TOM GIDUZ talked about the spaying and neutering of dogs and the cost to the County of .the unwanted, animals. The only effective way to control the dog and cat population is through spaying and neutering. He noted that 3800 animals were put to sleep at the shelter last year. Animals who are wearing I.D. tags are traced and returned to their homes. He presented a petition with 1,628 signatures of Orange County residents who supported the ban .on the steel leghold trap and a petition with 335 non-Orange County signatures. JOAN CUNNINGHAM , former Director of the Animal Shelter in Guilford County and currently Assistant District Attorney in Durham County, spoke in support of the Ordinance. She has prosecuted under the State Animal Law and also the Durham County Ordinance. She stated that having an Ordinance with the specificity as this proposed Ordinance is a very valuable tool for a prosecutor or an animal control officer or for anyone who is in .the business of enforcing ana.mal laws or controlling animal behavior. The expanded section on definitions is very helpful and the expanded section on cruelty is very impressive. It complements State Law and serves' as notice to the Community what this community, through its Board of Commissioners, feels is inappropriate and cruel behavior. The Ordinance is progressive and anticipates the problems that Orange County will face. She urged that the Commissioners pass the Ordinance as proposed. ;~: ALICE DAWSON stated that while problems associated with animals, community feels is the proper responsibility of pet owners. Thy incentive to people and encourage neutered. the Ordinance will not prevent all the it will establish the tone of how the way of dealing with animals and the a differential licensing will provide an owners to have their animals spayed or MARGIE LINDEKE veternara.an, stated .that animals live longer and healthier lives when they are neutered. She spoke in. support of the leash law as contained in the Ordinance. She presented a petition with the signatures of fourteen veternarians who support the ban on the leghold trap. KAREN WYSOCKI , resident of Hillsborough, commented on the dogs and cats that live next door. She suggested that Section 21 be amended to include that the issue of odor be considered a nuisance. Under Section 17 - non-commercial kennels she suggested that "animals kept in large numbers for domestic enjoyment" be added to the phase animals "keep for children, etc." be included. WILLARD WARD , member of the Animal Control Task Force, stated several objections to the proposed Ordinance. He referred to Section IV and objected to the differential licensing fee and the spaying of dogs. .He feels some consideration should be made for the hunters in the County. With reference to Section VII, he stated that it is impossible for those who have non-commercial kennels to comply w~.th the requirements i.n the Ordinance. He would like to see this section reworked. About Section IX - hunting dogs - he stated it is not practical to have a dog in your sight -~ v:.:_, at all times and asked that this statement be deleted. He stated that Section XI which refers to the mistreatment of animals and specifically the requirement that a dog be restrained when riding in the back of a pickup truck should be deleted.. BILL MCKINNEY , an employee of the Anima]. Shelter, spoke on the licensing of cats. He emphasized that people must be made to assume responsibility for their pets. The cat problem in the community is increasing. There are a lot of street cats that reproduce at a rapid rate and a lot are killed on the road. He stated that differential licensing provides an incentive to pet owners. The large number of cats has presented serious health and sanitation problems in many communities. Rabies is a continuous problem. FRANK MILLER opposed the kennel license and the differential licensing fee. His hunting dogs do not cause a problem. RANDALL WILSON , North Carolina Wildlife Commission, spoke to the prohibition of traps and noted that the Wildlife Resource Commission in North Carolina which is responsible for regulating traffic in the state views the leghold trap as one of the primary management tools for managing wild furbearing species. The trap is the only way to harvest these animals. There is a need to control the wild animal population. By controlling the animal population, a disease outbreak is less likely. The steel leghold trap is the most effective means to harvest these animals. He stated that the Ordinance needs some more work. -"1 ~~ NOTE: ALL THE PLANNING YTEMS LISTED ON THE AGENDA WERE CONTINUED TO JUNE 1, 1987, 7:30 P.M. IN SUPERIOR COURTROOM. ~; SILL W. LOVINGOOD stated he is a trapper and obj-ected to all the, sections referencing steel traps. __' JERRY ROBINSON , Director of the Health Department, made reference to the section on steel jaw traps and stated it was unclear that the depredation permit had to be issued in conjunction with the wildlife permit. He feels the present ordinance addresses those problems which have been identified as lacking in the present ordinance. He feels it appropriate that the new ordinance encourages spaying and neutering. In answer to a question from Commissioner Willhoit, Robinson stated that the Wild Animal Ordinance is not included in this proposed ordinance but is a separate ordinance still in effect. BARNEY PITTMAN stated that in the last twelve months he has lost seven cows because of dogs. The hunting dogs are not a problem. The beavers are a problem. He is not against traps. If you neuter your hunting dogs they get fat and lazy. The ordinance needs to be expanded to include the cat problem. He encouraged the Board to strengthen the ordinance to make the pet owners more responsible and let the wildlife people tape care of the wild animals. ROBERT GREENBERG has been involved with the animal control in Orange County for fourteen years. He talked about the animal problem and the need-to control the population of animals. All successful programs have two elements in common. The first is a strong ordinance that prevents animals from roaming and killing cattle and causing property damage and an ordinance that is enforceable. The second vital element is differential licensing. The higher fees for fertile dogs and cats is a must. It is the only way to get the animal population and the animal budget under control. This is a model ordinance. He asked that the Board approve it without any revisions. The leghold trap is primitive and should be banned. There are alternatives to the leghold trap. CARL WALTERS stated that everyone in the rural area has at least three dogs. He has lost cattle because of dogs running them to death. By the time the Dog Warren is called the dog is gone. Most of the owners are responsible but it is those few that are not. He has never found a wild dog -- they are stray dogs. The only place a steel trap is used is in the pond to catch the muskrats. The Ordinance does not dwell on those things about which farmers have problems. Pat Sanford said that the ordinance was written to include the Cunabear trap. Commissioner Willhoit asked if there has been an approach where a differential fee is used with a provision for excluding hunting dogs. Pat Sanford indicated there have been some provisions for excluding show dogs but none for hunting dogs. - Commissioner Willhoit suggested that this be addressed in the differential fee schedule. Motion was made by Commissioner Hartwell, seconded by Commissioner Carey that the public hearing be closed and that the Ordinance be referred to the Manager and the Attorney for their recommendation to be considered by_..the Board on June 16. Chair Willhoit stated that there are ambiguities- in the Ordinance and that some of the numerical values are unreasonable. Commissioner Halkiotis asked for guidance with regard to the Statewide -- trapping law and what the County can and cannot do. Chair Marshall noted that because of budget implications the Ordinance needs to be brought back to the Board on June 16. Commissioner Carey pointed out that although it was specific problems that prompted the revisions in the Ordinance, that the Board asked .the Task Force to be comprehensive in their approach and that is what the proposed Ordinance does. VOTE: UNANIMOUS. Chair Marshall announced that all other items on the agenda will be continued to June 1, 1987 and will be taken in the order they appear. ADJOURNMENT Motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to adjourn the meeting. The next regular meeting will be held on June~1G, 1987, 7:30 p.m. in the Courtroom of the old Post Office, Chapel Hill, North Carolina. Shirley E. Marshall, Chair Beverly A. Blythe, Clerk