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HomeMy WebLinkAboutMinutes - 198706251 .APPROVED FEBRUARY 1 1988 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS BUDGET WORK SESSION JUNE 25, 1987 The Orange County Board of Commissioners held a budget work session on June 25, 1987 at 4:00 p.m. in the Tax and Records Building, Cameron Street, Hillsborough, North Carolina. BOARD MEMBERS PRESENT: Chair Shirley E. Marshall, and Commissioners Moses Carey, Jr., Stephen Halkiotis, John Hartwell and Don Willhoit. STAFF PRESENT: County Manager Kenneth R. Thompson, Assistant County Managers William T. Laws and Albert Kittrell, Finance Director Gordan Baker, Clerk to the Board Beverly A. Blythe, Data Processing Director Keith Brooks, Deputy Finance Office Ken Chavious, Register of Deeds Betty June Hayes, Purchasing Director Pam Jones, Land Records Manager Roscoe Reeve, Budget/Management Analyst Danna Wagner, and Director of Personnel -Beverly Whitehead. REGISTER OF DEEDS -- Register of .Deeds Betty June Hayes distributed information on a recurring problem with the reproduction of maps. The problem is with the .,poor quality of maps being received and the equipment. She requested :$16,240 for equipment and $1,170 for contractual services to reproduce the ,;plats so that better copies are available from which to make copies. Betty June Hayes outlined the revenues received from the sale of plats noting that the cost of the equipment will not be recouped totally through fees. Another problem is with having one printer located in Roscoe Reeve's office which handles all the printing for the Register of Deeds office and the Land Records Office. Roscoe Reeve stated that the printer runs constantly and most of the time people are waiting in line for their information to be printed. Betty June Hayes emphasized that adequate space is still a problem that needs to be addressed in the near future. The move to the old Agricultural Building will help for the immediate future but long range plans need to be considered. The Board agreed to add to the markup list $16,240 for equipment and $1,170 for contract services. DATA PROCESSING (The complete report is in the permanent agenda file in the Clerk's Office) Data Processing Director Keith Brooks distributed a report from a committee that reviewed the configuration of mainframes and micros with recommendations. The final consensus of the committee is to maintain the existing mainframes and initiate the use of personal computers in several of the depar-tments which. are heavy word processing users. The recommended budget would support this proposal. Keith Brooks explained the procedure that would be followed by citizens who want to access land record information through the use of "autoanswer" modems and the associated costs. Revenues have not been estimated at this time -- there will be some but the amount is uncertain 2 at this time. He feels the security system for record control is secure and that outside access will not be possible. Brooks reviewed the budget as recommended by the County Manager. He expressed a concern about the capacity of the memory on the Spirit and stated that $3,000 would enable them to buy the extra memory they feel they need. The Board decided to add this amount to the markup list. LAND RECORDS DEPARTMENT Land Records Manager Roscoe Reeve distributed a status report an the mapping project and the GIS system. He explained a new fee structure far his department and was requested by the Board to provide a further breakdown of these fees and the estimated revenues. Rascoe proposed as a passible item for the markup list a digitizer which will be used on the plotter. The item would cost $5,000 but can be purchased on a lease/purchase agreement at $100 a month. The Board agreed to add this item to the markup list. Discussion ensued at length on a GIS consulting service who could give the County .some direction on the best way to go with the GIS. Another alternative to this proposal would be to do this inhouse by_County staff. A problem with this proposal is the time it will take. Another praposal would be to use the vendors. The problem with this is that the answer is always yes. It was decided that Roscoe Reeve would review and coordinate the feasibility. of the use of the data base from the GIs and report back to the Board with a list of recommendations. ADJOURNMENT With no further items to discuss, Chair Marshall adjourned the meeting. The next regular meeting will be held on July 6, 1987 at 7:30 p.m. in the courtroom of the Old Courthouse, Hillsborough,. North Carolina. _ Shirley E. Marshall, Chair Beverly A. Blythe, Clerk ~ ~#Rp COLEMAK. BERNHOLZ, DICKERSON, BERNHOLZ, CJLEDFiILL SC HA~GRAVE ATTORNEYS AT LAW 110 CHCRTO'~ STREET ~ILIS330ROtiGH. N. C. 27278 919.732-219ti 910-942-8000 CHAPEL HILL OFFIC$ SUITE 20. FRANKLIN HUILpING 137 E. PI2ANKLIN STREET CHAPEL HILL, N. C. 8751A 919.929.7151 ALONZO B. COLEMAN, JR. STEVEN A.BERNHOLz DONALD R. DICKERSON ROGER 13• BERNHOLZ GEOFFREY E.GLEDHILL DOUGLAS HARGRAVE MARTIN J. BERNHOLZ RICHARD J. SNIDER. JR• G. NICHOLAS HERMAN KAREN J• SHANGRAW Or Counsel BONN$R D. SAWYER (1902-1972) Re: Final Task Force Draft Proposed Animal Control Ordinance Dear Board Members: .`j I have reviewed the Animal Control Ordinance proposed by the Animal Control Task Force contained in an April 29, 1987 draft. I have the following comments and recommendations concerning the ordinance as proposed: 1. Section I should read: Section I - Authority. This ordinance is adopted pursuant to the power granted Orange County in North Carolina General Statute Sections 153A-121, 153A-127, 153A-153 and 153A-44Z. 2. I recommend adding Animal Cruelty Investigators to the list of persons to which Orange County Animal Control Officers would report observed animal cruelty or animal abuse, As=presently written, Section IIIC provides that these reports would be made to appropriate law enforcement officers or. the district attorney's office. Article Iv of Chapter 19A of the orth Carolina General Statutes provides far the appointment by the Soard of County Commissioners of Animal Cruelty Investigators. These investigators, pursuant to North Carolina General Statute Section 19A-- __ a6, can obtain an order from a magistrate allowing the ~ investigator to provide suitable care for and take immediate custody of an animal being cruelly treated as Orange County Board of Commissioners 106 East Margaret Lane Hillsborough, North Carolina 27278 June 12, 1987 Shirley E. Marshall, Chair Moses Carey S tephen Halkiotis John Hartwell Don Willhoit i~~8 p~ a 5~ a a ~..~ _ d ;- a J v 0 z a z U 0 x z c n z e 1 ~c~B Board of Commissioners 1?age Two June 12,1987 that term is defined under the Animal Welfare Act. This procedure, involving the magistrate, is a streamlined procedure which should be used whenever possible. I do, however, recommend that the Animal Cruelty Investigators work together with the Animal Control Officers. In this regard, T recommend that Section XIII, paragraph A include language which creates this in--tandem relationship. Anew sentence can be added to accomplish this purpose as follows: All investigations of reported or observed animal cruelty or animal abuse shall be the joint responsibility of and shall be jointly carried out by the Animal Cruelty Investigatars and the Animal Contral Officers of Orange County. Likewise, I recommend that Section VIIIE.1 read as follows: 1. Have the responsibility along with law enforcement agencies and where applicable with Animal Cruelty Investigators to enforce... 3. The provision in Section V, paragraph B providing for policies or procedures which allow the reduction of or waiver of fees "for individuals who are unable by reason of financial hardship to pay the required fees," causes me concern. Although laudable, its administration may prove burdensome and it creates a risk of arbitrariness. I'm also concerned that the standard "financial hardship" is not a workable ordinance standard. I would prefer that the County establish the financial hardship standard in the ordinance if a reduced rate or fee waiver provision is deemed necessary-by the Board. 4. I recommend that Section VI read as follows: Section VI -- Ordinance. All other Orange County ordinances in conflict with this ordinance are hereby repealed to the extent of such .conflict. The Ordinance to Provide far Animal Control and Protection in Orange County, adopted May 15, 1979, as amended October 3, 1983, is hereby repealed. - 5. I recommend that Definition No. 8 in Section VII in the last clause be warded as follows: •:s .i `.` I ;,:~ or any person owning or keeping 15 or more animals, excluding domesticated livestock, each of which is four months of age or older. 1°8C Board of Commissioners .:.Page Three June 12,-1987 I have added the words "excluding domesticated livestock" to this Clause to parallel the first clause in the definition. 6. Section xII restricts the use of steel jaw traps. Under the terms of the ordinance they may only be used in accordance with a depredation permit duly issued by appropriate authorities. I have read the letter to Moses Carey written by Donald Ingraham (a copy of that letter is enclosed) .wherein Mr. Ingraham argues that the County is not preempted from enacting a 5 ban on the use of steel jaw traps. I will not quibble with Mr. Ingraham's arguments because I think this ~ issue should be resolved as a matter of policy. If the ~ ° Board wants to ban the use of steel jaw traps, it ~ should do sa by ordinance and request local legislation ~ to insure county authority. The extent to which the ~ State wildlife regulations preempt local governments in r the matter of trapping with steel jaw traps has not _ ~ been litigated in North Carolina. Although I think the .-~~--.~ Gounty can make an excellent argument that banning Y steel jaw traps except in the limited circumstances permitted under the ordinance will have "only a minor v ~ and incidental impact on the conservation of ... i o wildlife resources (see the discussion of North ,_., ~ Carolina General Statute Section 113-133.1(c) in Mr. m Ingraham's letter), I can envision circumstances where z that standard could become a factual question that ~ would have to be resolved by the courts. Therefore, ~ the best course of action for the County is to follow a up its ordinance action with local legislation on this ____ point. This can be accomplished as early as the Short ~ Session of the General Assembly that will meet next ~, summer. z a ~ Should the Board elect to keep the limitation on ~ the use of steel jaw traps in the ordinance, I recommend that 1efinition No. 10 be changed in the last sentence as follows: - _ Such terms shall not be construed to include lawful taking of animals under the jurisdiction and regulation of the Wildlife Resources Commission, lawful activities sponsored by agencies conducting biomedical research or training and lawful activities for sport. Notwithstanding regulations of the Wildlife Resources Commission regarding the use of steel - jaw traps, steel jaw traps may only be used, set, ~ placed, maintained or tended as provided in - Section XII of this ordinance. 1QAD Beard of Commissioners Page Four June 12, 1987 7. The word "stray" and the term "at large" are both broad enough to include domesticated livestock. Section XV provides for the seizing, impounding and confining in the Animal Shelter of at-large animals. Is this intended to include livestock? It seems impractical and probably unnecessary to do so. The ordinance also makes the owner of domesticated livestock that is "at-large" a violator of the ordinance provision. This changes the State standard in this region of North Carolina with respect to the containment of domesticated livestock. Qrange County ~ ~is in a "reasonable fencing" region, which means a generally, that a farmer or other keeper of .livestock ~ is charged with the responsibility of keepa.ng fences ~ repaired and that this standard is one of ~ reasonableness. Liability to the owner of an escaped ~ animal is only imposed when the owner has violated this reasonableness standard. v a -~ 8. Definition No. 27, "torture or torment," is ~ redundant. The acts defined by the terms torture or torment are included in Definition No. 10, cruel and cruel treatment. I recommend that Definition Na. 27 be v deleted. The words "to torture any animal" in Section ~ 0 XIA should likewise be removed. z 9. I recommend that Definition No. 29 be rewritten as follows: ~ Vicious Animal: Any animal-on or off the a premises of its owner or keeper, security dog o excluded, which is three months of age or older z and without provocation has bitten, killed, or ~ caused physical harm through bites to people who are not trespassing and animals that, are not where ~ their owners have been tall they cannot be. Any v dog that is owned or harbored. for the purpose of dog fighting or training far dog fighting is also defined= as a vicious animal. This change reflects the fact that animals cannot trespass. - 10. There axe a number of places in the ordinance which create roles for undefined persons and positions that concern me. I recommend they all be eliminated. I further recommend each person or office with a role in the Animal Control Program be expressly defined and that their roles and responsibilities be spelled out in the ordinance. Those persons and positions include the Animal Control Director, the Health Director, Animal 1°AE Board of Commissioners -Page Five June. 12,-1987 Control Officers, Rabies Control Officers, Animal Cruelty Investigators, Animal Shelter Manager and law enforcement officers. All other persons involved in the business of controlling animals in Orange County should not have status as such but should work through -one of the designated persons in the ordinance which designated persons will be responsible for the actions or activities of anyone not designated in th.e ordinance. The deletions that.I recommend appear at the following places: g (i). Section VIIIC: delete from the third., fourth and fifth lines "or other appointed agent, ~ including, but not limited to, Emergency Animal o Rescue workers." K ~ (ii). Section VIIIE.6: delete "or other person assisting with the Animal Control Program." _ ~~ ~ (iii). Section XIIIE: delete "or his or her ~~' -~ designee." This section further provides that the Animal Shelter Manager (an undefined term) must be assured that an animal impounded as vicious is not ~, vicious or that the vicious animal wall be properly o restrained on the premises of its owner ar keeper. ~~ ~ Although this assurance is done in consultation ~ with the Animal Control Director, it introduces a z concept which Y think ill advised. I think the Animal Control Director should alone make the ~ decision as to whether to permit reclamation of an ° ~ animal impounded as vicious. In making that c _ decision it is reasonable to believe that the Animal Control Director will solicit all of the n advice and consultation he or she deems necessary. Q However, the control of vicious animals is the responsibility of the Animal Control Program and the Animal Control Director. (iv). Section XVIC: delete "or person duly authorized by the Animal Control Director." (v). Section XXA: delete "or other appropriate representative of the Animal Control Program." The same language appears in Subsection B under standards for non--commercial kennels and should be deleted. _ (vi). Section XXIA.I.b: delete "or person duly authorized by the Animal Control Director." I 1`?8F .a Hoard of Commissioners Page Six June 12, 1987 (vii). Section XXIIC.1: the phrase "Any official authorized by the" preceding Animal Control Director should be omitted. ll. Section IX which requires hunting dogs to be in the "presence" of the owner of the dog while the dog is being used for hunting may prove to create an unworkable standard. 12. Section XIH makes it unlawful to leave an animal unattended for a period of 5 minutes or more in a vehicle when the ambient temperature in the vicinity of the vehicle is greater than or equal to 70 degrees Fahrenheit. It a.s apparently the intention that the prohibition here be to a vehicle without ventilation or one that parallels a "closed compartment." This needs clarification. As written the standard seems unreasonable to me and therefore unenforceable. l3. Section XIJ which makes it unlawful to tie or restrain an animal on public property for a period of thirty minutes or more unless that animal has access to adequate food and water and adequate, shelter is not a~ ~, reasonable prohibition. It seems to me that the cruel and cruel treatment prohibition contained in Section ';,;:u XIA covers the omissions sought to be addressed in Subsectian J. Creating some arbitrary time period when an animal is restrained on public property is unnecessary. 14. Section XVC purports to insulate the Animal Shelter and Animal Control Program from liability for euthanizing wounded or diseased animals. As a matter of policy there is no problem with this. However, Orange County has no authority to create any such liability insulation. In order to not misinform Animal Shelter personnel or personnel of the Animal Control Program, I~recammend the following rewrite of the last clause of that subsection: in any event, and except as may be otherwise provided by law, the Animal Shelter and Anima]. Control Program shall have no~liability.for euthanizing wounded or diseased animals when such action is taken upon the advice or recommendation of a veterinarian who has been advised of the animal's condition. 15. Section XVI permits the designation in an j abatement order or citation, of some time less than the - standard of 48 hours for the abatement of a nuisance. 1986 3 e 0 ~r a e J ,. W J c z U a 0 z C L'-1 C] Z C J U Board of Commissioners Page Seven June 12, 1987 I have no problem with this concept in an abatement order. An abatement order must be issued by a judicial official. I do have a problem, however, with lessening this time period without standards and without limitation in the case of citations which are issued by other than judicial officials and in most cases by. County employees. Without know~.ng the situata.ons that must have prompted the Task Force to recommend a lesser amount of time, I have no recommendation on what this further standard should be. 16. Section XVIIx. I question the practicality of requiring cats to wear valid rabies tags. Y suggest that a more practical way to address identification of properly immunized cats is to place the burden of proving that the cat is immunized on the owner through whatever means possible and to the satisfacta.on of the Health Director. GEG/lsg Enclosures xc: Dr. Ann Gross Donald S. Ingra Jerry Robinson Ken Thompson :s, ~dhill . :: 1 .....~~.