HomeMy WebLinkAboutAgenda - 05-17-1983 ORANGE COUNTY, NORTH CAROLINA
BOARD OF COMMISSIONERS
REGULAR MEETING .
TUESDAY, 7:30 P.M.
MAY 17-, 1983
COURTROOM, OLD P ST OFFICE BUILDING
CHAPEL HILL, NORH CAROLINA
A. BOARD COMMENIIS
B. AUDIENCE COMMENTS
1. Matters on the printed agenda
2. Matters not on the printed agenda
C. MINUTES ' MARCH 28, APRIL 5, MAY 2, 1983
D. REPORTS
1. Presentation of the Orange County Schools' budget for FY'83-84
2. HSAC Subicommittee Report on Day Care
E. BOARD DECISIONS
1. Cable T.V.
2. Sheriff's Vehicles
3, Senior Citizens' Hall of Fame
4. Piedmont Power Extension Request
5. Tandem trailers—Resolution
6. Wild Animal Control
7. Animal Control
8. Poythre4 Road
9. Economicll Development Commission
10. Legal Agreement--Child Support Enforcement
11. EMS Franchise/Certificates
12. Budget Calendar
13. Budget Amendment
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TABLE OF CONTENTS
AGENDA ITEM AND TOPIC ABSTRACT PAGE PAGES
D. REPORTS
1 . Orange County Schools Budget None None
2 . HSAC Subcommittee Day Care 001 001
E. BOARD DECISIONS 1 . Cable T. V -
002 002
2 , Sheeiff Vehicles 003 003-004
3 . Senior CiWens Hall of Fame 005 005~008
4 . Piedmont Power 009 009-011
5 . Tandem Trailers 012 012-014
6 . Wild Animal Control 0I5 015-03I
7 . Animal Control 032 032-048
8 . Road Name Changes Poythress
~ Damascus Ch . 049 049-052
9 . Economic Development Comm . 053 053
10 . Legal Services--Child Suppt . 054 054-059
11 . EMS Franchi3eg/Certs , 060 060
12 . Budget Work Session 06I 061
13 . Budget Amendments 062 062-063
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4~ May 17, 1983
5. MINUTES
6.
1 7, The Orange County Board of Commissioners met in regular session on
8, Tuesday, May 17, 1983 at 7:30 P.M, in the Courtroom of the Old Post Office
q, Building, Chapel Hill, North Carolina.
10, Commissioners present: Richard E. Whitted, Chair, and coffm1sio
11° Ben Lloyd, Shirley E. Marshall, Norman Walker and Don Nillhoit'
12, A, BOARD COMMENTS
13. Commissioner x5llhoit added discussion on Nutrition Sites as Item
24, Number E-14,
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15^ V. AUDIENCE COMMENTS
16. 1. MATTERS ON THE PRINTED AGENDA
17~ There were no comments.
18. 2. MATTERS NOT ON THE PRINTED AGENDA
19, Mr. Leonard vanNess, Executive Director of the Chapel Hill-Carrboro
• 20" Chamber of Commerce presented the Board of Commissioners with the name of
21. Helen D. Allen as the mumbnesnominatfon for the Board's consideration
• as a recipient for the Governor's Volunteer Awards.
3. Mr. Jim McCoy who lives in the Star Point area in Chapel Hill presented
4. a Petition with over 150 signatures on it to the Board requesting that the
' 125. Board of Commissioners adopt a County-wide Noise Ordinance. Mr. McCoy
presented background information on the reason for the request'
Sheriff Lindy Pendergrass added that there had been 82 noise complaints from
28. the county area, Sheriff Pendergrass further stated there was no Ordinance
, to prohibit the noise and he was unable to get these people to stop the noise.
3o. The Sheriff said any ordinance to prohibit or cut down on the noise level would
, be most hclpful. Commissioner willhmit said the Manager had drafted a noise
32. ordinance and that Commissioner Willhoit, Sheriff Pendergrass and the County
33. Manager will meet and discuss the noise ordinance.
34. C. MINUTES
35. Commissioner N1llhoit moved, seconded by Commissioner Marshall to approve
36. the minutes of March 28, 1983 as corrected, VOTE: Ayes, 5; Noes, O.
37. Commissioner Marshall moved, seconded by Commissioner Whitted to approve
, the minutes of April 5, 1983, as submitted. VOTE: Ayes, 5; Noes, O.
39. Commissioner xillnoit moved, seconded by Commissioner Marshall to approve
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2, the minutes of May 2, 1983, as corrected. VOTE: Ayes, 5; Noes, O.
3, 0'1 REPORTS
ORANGE COUNTY SCHOOL BUDGET
5, Orange County Board of Education members present: Mr. Max Kennedy, Chair
6° and members Robert Bateman, Lindsay Bland, Frank Miller and John Thomas Walker.
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7. Board of Education members not present: Norman Haithcock and Walter Faribault.
8^ nr' Kennedy said that the School Board had instructed the Superintendent t
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q, keep his recommended budget within eight percent. D r. Simmons
did do that, however,
10~ Mr. Kennedy said the Board of Education had raised the Superintendent's requested
/1, budget in several areas such as Supplemental request for teachers, Energy request
12. and Special Education areas have been raised so that th e overa ll school budget
13. reflects a 12.7 percent increase. Mr. Kennedy further stated that the capital
14, needs were great for the Orange County School System, therefore, the amount of money
15, requested was high. Mr. Kennedy said that asbestos had been discovered in some
16, of the schools in Orange County and the consulting engineering finn, Blalock and
17. Martin Consulting Engineers of Raleigh, North Carolina quoted the costs of $100,000
18, to remove or to confine the asbestos. wr' Kennedy said the Orange County Board of
1g. Education is requesting a special appropriation in this year to pay for the removal
20, or confining of the asbestos. Mr. Kennedy asked the Board of Commissioners if they
21. were willing to provide that $100,000 appropriation at this time. Commissioner
2, Whitted said the Commissioners recognize the need for the asbestos removal and that
23, the County Manager had included the money for asbestos removal in his recommended
4, appropriation for the Grange County Schools. Mr. Kennedy reiterated that this was an
emergency request and is needed in this current year. Mr. Kennedy continued that if
, the Board of Commissioners would not honor the special appropriation request at
this meeting, to please consider three options: (1) the appropriation of $100,000
28. immediately (as requested); (2) a special immediate funding of $50,000 for the most
, critical needs (where the students are in daily contact with asbestos) and the
130. remaining $50`000 to be included in the current budget request; and (3) an amendment
31. to the budget as quickly as possible in order to appropriate the $100,000. Commissioner
132. w1llhnit said the Manager's recommended budget rnr the Orange County Board of Education
3, indicated that there was enough money available to put lights on the football field
34, and that it would be basically a question of priorities for the Board of Education.
35. Dr. Mike Simmons, Orange County School Superintendent reviewed the budget with
, the Board of Commissioners and noted that the request per pupil was $655. Dr. Simmons
37. noted those areas that were increased, as previously specified by Mr. Kennedy, and
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. , added that the largest increase occurs in salaries, ur, Simmons gave the
i , Commissioners a list of priorities for the Orange County Board of za"x°ti".;
5, (1) Asbestos removal or encapsulation;
. 6. (2) Renovation at A. L. Stanback;
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(3) Roof replacement;
8. (4) Gym floor replacement;
9_ (5) Complete roofing survey;
^ 10. (6) Energy Retrofits and Energy Audits;
12. (7) General Site Development; —r-
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(8) Computer Instruction;;
(9) Land� �rm� �ddle ���;
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^ (10) Money for new school bus:
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Ms. Kathy Battern, Finance DireCtor of Orange County Schools also a brief. 1.6. budget presentation to the Commissioners. Following Dr. Simmons' and Ms. Battern's
17. reviews of the budget requests from the Orange County School System, Commissioners
18. posed questions, Commissioner Whitted asked Ms. Battern to explain the single audit
19. concept to which she referred during her presentation, Ms, Battern replied that,
20. rather than having individual audits for local funds; the State had requested
21, that one audit be done for both local aoomnriations and federal apprupriatinns
| 22. however, the State had not provided increased funding for that particular new
appropriations;
23. requirement and their auditors anticipated approximately $7,u0O more for the one
. = combined audit rather than the individual audits, Ms. Battern continued saying the
2 legislative delegation had been contacted requesting the State provide the extra $7.uvo.
26. NE HSAC Subcommittee Report on Day Care
27. Mr. Keith Aldridge, Chair of the HSAC introduced Dr. Michael Sharpe who is the
28. Chair of the HSAC Subcommittee on Day Care. Dr. Sharpe introduced the members of
29. the subcommittee and highlighted the report for the Commissioners. (This report
3 is on file in the office of the Clerk to the Board.) Dr. Sharpe said the agency's
3+ recommendation was that the Board of Commissioners"empower a planning task force to
3� recommend to the Board of Commissioners a schedule or mechanism for implementing
33 the HSAC Child Care Report".
. �� Mr. Eric Munson, Executive Director of North Carolina Memorial Hospital,
35 recommended the Report to the Board of Cnmmius1nners. He noted that he planned to
3* approach the Board of Directors for NCMH for in-kind suoPort of this Report_
37 Ms. Janice Schopler, Chair of the Board of Social Services said the Report was
381 an excellent assessment of childcare needs in the County and also a beginning place
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1 . or �h e plans to respond to those needs. She noted that she was not an active member
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; 4. Ms. Schvpler added that the subcommittee had responded to questions she raised and
5. had integrated her suggestions into the report,
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6° Commissioner Walker moved, seconded by Commissioner Lloyd, to accept the report
1 7. as presented and to refer it to the Manager, Ms. Schopler, Dr. Sharpe and Tom Ward,
� O. Director of Social Snrvicws, to outline plans based on the recommendation contained
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9. within the report. VOTE: Ayes 5; Noes, O.
10. E-1 CableJ.y.
' 11. Mr, Kenneth Thompson, County manaVer, read a statement regarding the c-r able TV
controversy, Mr. Thompson told the Board that Village Cable had proposed a solution
13. to add lines that already traverse part of Carrboro; and, that if Carrboro would
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permit Village companies to extend their lines through Carrboro it will provide
. 15. cable service (at no cost) to their subscribers, even though density is less than
" 30 houses per mile. Commissioner W1llhuit asked what the time frame might be for
: 1,7. this cable service? mr. Jim Heavner, President of Village Companies replied
18. Village would begin construction as soon as permission had been received from the
i 19. Town of Carrboro to extend the lines, He feels that cable will be vrovided to some
of those areas by the first of September. Mr. Heavner continued, saying that one
/ 2i. thing learned from this controversy is that no formal procedure had been established
22. between Village and the County for cable lines extensinn. Village has agreed to
. 23. refer all such requests directly to the Coonty. The requests and petitions will then
. 24. be compared to the tax maps in order to determine if criteria have been met for
25. cable extension.
26. E-2 Sheriff's vphicles.
21. Commissioner Willhnit moved to ratify the purchase order issued for the five
. 28. Sheriff's vehicles, seconded by Commissioner Lloyd, VOTE: Ayes, 5; Noes. V.
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E-3 Senior Citizens' Hall of Fame Award
30'. ms' Betty Landsberger, Chair of the Senior Citizens Board, said this award would
31. be an opportunity to recognize the older adults' contributions to the community and
32. the County and to provide inspiration to others to continue service or contribution,
33 Commissioner Nillhuit moved to approve the concept of the Orange County Senior
34 Citizens' Hall of Fame Award; seconded by Commissioner Marshall. VOTE: Ayes, 5; Noes, o.
)5. E-4 Special Use Permit - Piedmont Power Extension Request
961 Commissioner Lloyd moved, seconded by Commissioner Walker, to approve the
37~ additional four months time extension for beginning construction on the headquarter
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facilities for Piedmont Electric x nem�er hip on NC 86, VOTE: Ayes, 5; Noes, 0,
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E-5 Tandem Trailers - Resolution
Commissioner NilYhp1t moved,on by Commissioner
/ | 6. Resolution opposing thedesi�e ^on of US 15-501 h Walker to adopt the between U5 64 and 1-85 as a route
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; 8, for tandem trailers. (For a copy of this Resolution see page of this book.)
` VOTE: Ayes, 5; Noes, 0.
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i E-5 Wild Animal
10.
Mr. Robert Mahler, attorney for Lynn Mordock, requested that schedule Rj poles
be approved for caging of jaguars rather than schedule 40 poles as recommended,
Mr_ Mahler added that he had consulted with fencing experts and that schedule 20
I poles were sufficient to contain a 200 pound animal, such as a jaguar.
i _ nr. Paul nudrixh, owner of a serval, requested that he be permitted to dig
. his serval and a trench around the fence containing h�
6, pour concrete to a depth of
ten inches around the outside of the fence to prevent any animal ny an ma from digging in.
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Commissioner willhoit noted that a variance had been granted regarding the
9 requirements of the perimeter fence for this particular serval; he proposed to
grant an additional variance to permit a dirt floor rather than a concrete floor,
1 provided that Drs. Ho4rich and Burdette dig the proposed trench and pour concrete
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1 to the depth of ten inches as Dr- Modrich suggested. Commissioner Nillhvit also
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proposed to grant a variance to require schedule 20 poles rather than schedule 40 poles
for caging jaguars. Mr. Mahler noted his concern that the State might be more
. 1 stringent in its caging requirements and requirements for wild animals than the
26. Cummissioneru are, and that wn' Mordock would be required to incur additional expense
| as a result of the State's more stringent requirements,
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2 Commissioner Nillhoit moved, seconded by Commissioner Marshall to approve the
| fee schedule on this second reading and to approve the enclosure standards on
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this second reading, VOTE: Ayes, s (Commissioners Marshall, Whitted,« , tted^ Nil0oit}�
Noes, 2 (Commissioners Lloyd and walker)'
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32. cowmiuninncr Nillhoit moved, seconded by Commissioner Marsholl, to grant Ms.
Mordock a variance requiring schedule 20 poles rather than schedule 40 poles for
the caging of her jaguar, and to grant a 1
3k� , variance to Drs. Modrich and Burdette for
the caging of their serval to require a dirt floor rather
35, r ra er t han concrete, provided they
dig a trench to the depth of ten inches i t
36° around the p er mn er of that fence and fill
the trench with concrete- VOTE: Ayes, 5; Noes, V
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| E-7 Animal Control
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�� Commissioner to refer the issue of dog control to staff for
; 6° further study, development, and recommendation; seconded by Commissioner Marshall.
/ 7, During the discussion, Dr. Kennedy, representing APS, supported the proposed
, 8, dog control ordinance and suggested that the Board of Commissioners investigate the
Ordinances from Wilson and Iredell Counties.
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Mr. Jerry Robinson, Health Director, provided the Board of Commissioners with
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a chart on dog complaints. --
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Commissioner Nil7hoit also suggested that as the County moves into budget work
/ sessions that consideration of the Animal Control activity be considered,
Vote on Commissioner willhmit's motion to refe r dog control issue to staff:
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1 6, E-8 Road Name Changes - p2ythresa nvad/nanascuu Church Road
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Commissioner Walker moved, seconded by Commissioner Wil1holt, to schedule a
. 8 Public Hearing on the proposed road name changes for Damascus Church Road and
povthress Road for the third Tuesday meeting in June (8/21/83), at 7:30 P.M. in
! the Courtroom in Chapel Hill, North Carolina. VOTE: Ayes, 5; Noes, U.
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Economic Development Commission e
( I The Commissioners made the following nominations to the Economic Development
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, cmnmission: Commissioner Walker nominated George Johnson; Commissioner Marshall
, nmni"ated Peggy McCarthy and Elaine Parker; Commissioner Whitted nominated John
' / Gastineau; Commissioner Nillh �
25, n t nominated John McKee; and Commissioner Lloyd
26^ nominated Turner Forrest.
27, Commissioner Lloyd spoke strongly in favor of the appointment of Turner Forrest
to this Commission.
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29, Commissioners voted by ballot on each nominee. The results follow:
3pr Turner Forrest, 2 (Commissioners Lloyd and Walker). George Johnson, 2 (Commissioners
31 Lloyd and Walker). Peggy McCarthy, 3 (Commissioners naryhall, Whitted and NiY7hnit)'
321 Elaine Parker, 3 (Commissioners Marshall, Whitted and wilYhnit). John McKee, 3
33. (Commissioners Marshall, Whitted and Nillhuit). Commissioner. Whitted noted that
34, according to the Resolution establishing the Orange County Economic Development
35, Commission, one member had to be appointed from the Industrial Facilities and
36, Pollution Control Authority and Mr. Gastineau is the only nominee who also serves
37~ on the Industrial Authority; therefore, Mr. Gastineau is the Authority's representative
38, on the Economic Development Commission. Accordingly, Ms. McCarthy, Ms. Parker. and
Mr. McKee
1 39, were named to the Orange County Economic Development Commission.
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/ 3. E-0 Legal Agreement - Child Support.Enforcement
+^ Commissioner Marshall moved, seconded by Commissioner Whitted, to approve the
5^ contract for legal services for the Child Support Enforcement Program with the law
"° finn of Coleman, Bernholz, Dickerson, Vernholz, Gledhill and Hargrave. Co'm—iuo
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oner�) ?~ Lloyd requested, due to the budget process just beginning that this decision
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8. delayed. Accordingly, Commissioner Marshall withdrew her motion to
9. will be returned to the agenda in June.
approve. This
/ 10. E'1l EMS Franchise/Certificates - SECOND ADOPTION -,
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Commissioner Willhoit moved, seconded by Commissioner Marshall to (1) Issue
franchises and certificates to South Orange and Orange County Rescue Squads for
! 13. the authorization to administer emergency medical care and transport patients;
3 (2) Issue franchises to Southeastern Med[vac, Piedmont Ambulance Service and Southern
35. Triangle Ambulance Service to allow for transport of non-emergency patients; and
16. (3) Issue certificates to Caldwell and Chapel Hill first responders to provide for
administering emergency patient care. VOTE: Ayes, 5; Noes, V'
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E^lJ Budget Amendment
Commissioner Nillhnit moved, seconded by Commissioner Marshall to approve the
2(1% budget amendment as recommended by the Manager. VOTE: Ayes, 5; Noes, O.
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i (For Fnra copy of this budget t
amendment, please see page of this book.)
22. E-12 Budget Calendar
23. This Board, by consensus, reserved 7/00 P.M. on May 24, 1983 in the Commissioners'
. noom as a work session on the Manager's recommended budget; May 26, 1983, 7'00 P.M.
25^ at the Lincoln Center as a work session for the Manager's recommended budget; and
21. June 1 and 2, 1983, 7:30 P.M. for work sessions on the budget. The June 1st and 2nd
27" locations will be determined later.
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- Nutrition Site - Added Item,
29 Commissioner uillhnit noted that JOCCA had consolidated its food perparation
. 30 program in Pittsboro and facilitate meal preparation and delivery at the Efland-Cheeks
31 Multipurpose Center, he proposed that the Manager be authorized to acquire a range
32. and refrigerator for that Multipurpose Center with the County to retain ownership
33, of the appliances. Commissioner willhvit moved, seconded by Commissioner Marshall,
34^ to authorize the Manager to acquire a range and refrigerator for food preparation ^t
35^ the Efland-Cheeks Multipurpose Center with the County to retain appliance ownership.
36. VOTE: Ayes, 5; Noes, O.
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37. Commissioner Willhp1t noted that in a related matter the Board of Commissioners
' 38" had received a letter dated May 2, from the Cedar Grove Day Care Center requesting
1 39" that the Day Care Center be permitted to use the vacant cafeteria at the Cedar Grove
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3* Multipurpose Center. He further stated that the program would be able to save money
; 49 and time by using the Kitchen facilities on the site to prepare lunches for the
59 children. He suggested that permission be granted to the Cedar Grove Day Care Center
6. to use the facilities to prepare lunches for the Day Care Program but that no long
1 7. term commitment regarding the use of these facilities and no permanent commitment be
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granted at this time.
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With no further business for consideration, the Board adjourned by consensus.
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Richard E. Whitted, Chair
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Paulette Pridgen, Clerk
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We, residents of Orange County, support and encourage the enactment
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of a county ordinance regulating noise. We also urge the Orange County
Board of Co missioners to act as quickly as possible on this matter.
NAME ADDRESS
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We, real I idents of Orange County, support and encourage the enactment
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Board of Commissioners to act as quickly as possible on this matter.
NAME I ADDRESS
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We, residents of Orange County, support and encourage the enactment
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Board of Coismissioners to act as quickly as possible on this matter.
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We, re idents of Orange County, support and encourage the enactment
of a county ordinance regulating noise. We also urge the Orange County
Board of Commissioners to act as quickly as possible on this matter.
NAME ADDRESS
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We, residents of Orange County, support and encourage the enactment
of a county ordinance regulating noise. We also urge the Orange County
Board of Commissioners to act as quickly as possible on this matter.
I
I
NAME ADDRESS
„,
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'' ..,/ t• '' ,/,1 ' ' /el. ,2 ..e.,_., . . _
A4i6'W Al
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We, residents of Orange County, support and encourage the enactment
of a countylordinance regulating noise. We also urge the Orange County
Board of Commissioners to act as quickly as possible on this matter.
NAME ADDRESS
' ' c
-17'1;"--%0 II.1144., -""-, 1 'Oe - . 1../1„ .././ 7-,AL e m. ,
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We, residents of Orange County, support and encourage the enactment
of a countylordinance regulating noise. We also urge the Orange County
Board of Co*missioners to act as quickly as possible on this matter.
NAME ADDRESS
WO / 1I I"Oz. Z/ / ' . ' /
'OW e / Of
: _.....: 1 -4 yir,,,./ r_,9 „,;-„, ..,. ---e, , ,, . ,. /fri-e-, .,.;,,,
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&61-Pit �Z .; vzi I 68 kat fe.v.z2. 4. .,:e . .
1
1
1
1
i
We, reljidents of Orange County, support and encourage the enactment
of a county ordinance regulating noise. We also urge the Orange County
Board of Cosmissioners to act as quickly as possible on this matter.
NAME ADDRESS
/
r
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. � i-�ate' gx � 1!�•, •.- ,• 1 . ,
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6
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IL J.a/ //
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•
We, residents of Orange County, support and encourage the enactment
of a county ordinance regulating noise. We also urge the Orange County
Board of Commissioners to act as quickly as possible on this matter.
NAME ADDRESS
2taxa.
362 BriAA tip .„1., Vaiti
(9t#
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We, reidents of Orange County, support and encourage the enactment
of a countylordinance regulating noise. We also urge the Orange County
Board of Commissioners to act as quickly as possible on this matter.
1
I
NAME ! ADDRESS
I C .rli I , 70 e- ;
AV)I t'0&id t .
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. ,
We residents of Orange County, support and encourage the enactment
of a county ordinance regulating noise. We also urge the Orange County
Board of Commissioners to act as quickly as possible on this matter.
NAME ADDRESS
tA
J.. A ./.■ • wit 'A
„ ??
AINHWAf
mg- tk
ARIMIIIIMPOWROM
•
1r
We, residents of Orange County, support and encourage the enactment
of a county ordinance regulating noise. We also urge the Orange County
Board of C issioners to act as quickly as possible on this matter.
NAME ADDRESS
.l , , - 131 / soro. /
4 ,11fflismWmvelit Alm
1.41,11.610All t/.al. . 4 y ; ,110 .4 r , / 1'
I �QIi1i '',r/'' r �. - # Pt ,a/tt frd,
1,
83005-5
COST ESTIMATE
FOR
ASBESTOS REMOVAL
ORANGE COUNTY SCHOOLS
CAMERON PARK:
School Building-
-Remove and replace 5 sections $ 669
-Tape and paint 7 sections 100
Boiler Room-
-Remove and replace 2 boiler covers 7,491
-Remove and replace hot water tank cover 2,430
-Remove and replace 75 ft. of pipe cover 1,410
TOTAL - $12,100
CENTRAL ELEMENTARY:
Sc ool Building-
-Tape and paint 3 sections $ 107
-Remove and replace 2 sections 256
-Exterior- replace 6 panels 2,215
Boiler Room-
-Remove and replace 1 boiler cover 3,808
-Remove and replace hot water tank cover 2,774
-Tape and paint 1 section 22
-Cooling tower- remove and replace 6 sections 518
TOTAL - $9,700
EFLAND - CHEEKS:
School Building-
-Gym- remove 15 sections $ 2,060
-Old wing- remove and replace 68 sections 8,540
TOTAL - $10,600
83005-5
A. L. STANBACK:
100 Building-
-Tape and paint 2 sections $ 72
-Remove and replace 45 ft. of pipe cover 845
200 Building-
-Remove and replace 95 ft. of pipe cover 2,215
-Tape and paint 5 sections 180
Cafeteria-
-Remove and replace 36 ft. of pipe cover 900
-Boiler room- remove and replace 100 ft. of pipe cover 2,688
TOTAL - $6,900
ORANGE SENIOR HIGH:
School Building-
-Tape and paint 15 sections $ 535
-Cafeteria- remove and repaint ceiling 30,069
-Cult. Arts- remove and replace exterior ceiling 9,670
Boiler Room-
-Remove and replace 2 boiler covers 8,326
TOTAL - $48,600
SUMMARY OF ALL SCHOOLS:
CAMERON PARK $12,100
CENTRAL ELEMENTARY 9,700
EFLAND - CHEEKS 10,600
A. L. STANBACK 6,900
ORANGE SENIOR HIGH 48,600
TOTAL - $87,900
_
K��
ORANGE COUNTY ` ��'
BOARD OF OOMMISSI[NEOS Acticn
ACTION AGENDA rrmmABST8JVCT IteoNo.
MEETING DATE u~ �
Subject: Report of thel Child Care Subcommittee of the Orange County Human Services
Advisory Co /'5si0U
--"-- ---'-^ `~~'~^ Manager 1 |'_Publi Hearing: ��� -X oo |
Attachment(s): -- -- -----'--- Contact: __----
County Manager's Office
Phone 732-8181 ext. 501
POfPCSI]x For the Board to receive a report from HSAC on Child Care in Orange County.
On March 23 1983^ the HSAC voted to forward the report to the Board of County
Commissioners for its consideration.
` report,|
NEED: This report prepared by the Child Care Subcommittee of HSAC, as a follow up
to the HSACiNeeds Assessment, reviews previously identified barriers to child
care in Onz e County, defines other such barriers and recommends a plan of
action to H5 AC regarding coordination, development and improvement of child
care delivery, parent education, and support services in Orange County.
The report calls for the establishment of a private, non-profit agency to:
1 . provide technical assistance in the development of additional
gVal tv day care;
2. serve as a conduit for public and private monies for subsidizing
child care costs for eligible families ;
3, develop additional funding resources for the operation of this
agency and for the expansion of child care subsidies for low-income
fami7fes ;
4. adYO ate for community support for children's services ;
5. provide and coordinate information and referral for children 's
services to the community ;
6. coordinate and facilitate the provision of parenting education
in the community.
IMPACT: To create sU h an agency would have multiple impacts not yet fully assessed by
staff, among Which would be the transfer of Federal , State and County day
care funds w th no relief from the responsibilities attendant to administra-
tion of those funds. Also to be weighed is the effect this would have on
the Department of Social Services' ability to deliver coordinated human
services.
ORANGE cnurriz 00
BOARD OF anassioNEBs Action Agenda
AC:riON AGENDA ITEM ABSTRACT Item No Eli
METING DATEMIL1721983
Subject: Cable Television Extension Requests
i. partt: Manalers Office I Public Hearing: yes X no
Attachment(s) : Information Contact:
Manager's Office
-- --- -- ---- Phone Number: 732-8181 ext. 500
PURPCSE: To consider a Board requested report as to the eligibility of Robinswood,
Rangewood, IStoneybrook and Councilville to receive an extension of cable
television service.
NEED: At its Regylar Meeting of April 19, 1983 the Board took up the question of
whether the communities of Rangewood, Robinswood, Stoneybrook and Councilville
could be served under the current franchise with Village Cable, Inc.
Due to a disparity in figures as to the density of homes in these communities
and uncertainty as to the industry standard for computing the density of homes,
the Board asked the Manager to verify and reconcile the figures.
Three factors had to be resolved--the industry standard for calculating
distances, ; the distance within the communities that would have to be
traversed in extending cable according to the industry standard, and the
,mumber of homes within the communities.
First, as to industry standard, it was determined (by contacting neighboring
jurisdictibns and the Cable Television Information Council in Washington, D. C. )
that the accepted basis is to use the total distance of aerial (plant) miles
and miles of underground cable rather than road miles.
Secondly, line distance was measured--both aerial and underground--and found
to be: k 54 route)
Ul
10. 7 miles--spanning the four communities
7.96 miles--spanning Robinswood, Rangewood and Councilville
but leaving out Stoneybrook
Thirdly, cbunt of homes was accomplished by conducting a computer sort of
all homes (single family, multifamily, and mobile home) within the communities
as. recorded on the official tax records and maps. The number was found to be:
273 homes within the four communities
251 homes within Robinswood Rangewood and Councilville,
but excluding Stanevbroak
. , .
0 0 C
OnANGE COUNTY
BOARD CF COMMISSIONERS
Action Agenda
Item No. EA"
CT/ON AGENDA =EX ABSTPACT
tux i 7; DATE May 17, 1983
Subject: Purchase of Five Sheriff's Vehicles
—
Depar-mant: Purchasing & Central Services PubliC Hearing: yes x no-1
Attacimpant(s) : Comparison of State & Informati= Craltact: Ken Thompson, ext 501
Local costs for vehicles. Mark Rees, ext 498
1 Phone Nui±er:
_...
Purpose: To ratify a Purchase order issued to Hemold Ford of Raleigh, state contract vendor
for Ford Police vehicles, for the purchase of five (5) 1983 Ford LTD Police package
vehicles to be delivered and paid for after July 1, 1983. The cost of each vehicle is
1
$7,743. 96 for a total of $38,719. 80.
I
Need: - In a continuing effort to upgrade and modernize the Sheriff's Department's fleet
of patrol vehicles, the County staff, after polling individual members of the Board of
Commissioners decided on a course of action that should save the County a considerable
amount of money wile allowing the Sheriff to receive five replacement vehicles in the
late summer of 1983 rather then in the spring of 1984. The circumstances of this
opportunity are as follows: The Sheriff became aware that certain vendors who were
awarded the Statelof:N: C-... Contract for Police vehicles were preparing -their :final
orders to the factories and that local government units would be able to order 1983
Police vehicles at the state contract price but not have to pay for them until fiscal
year 1983-84. The Sheriff then passed this information on to the Purchasing Director.
The Purchasing Director contacted the vendor for Chevrolet Malibds and discovered
that the deadlinelhad passed for ordering these types of vehicles, but when the Ford
1
vendor was contacted it was learned that Ford LTD's with 302 engines could be ordered
up to May 9, 19831 After further review of these vehicles this information was passed
on to the Manager with the recommendation that if possible these vehicles should be
ordered. This recommendation was based on the fact that because of quanity discounts
state contract vehicles are considerably less expensive then locally purchased cars
(see attached comparison sheet) and the 17 miles per gallon E.P.A. figure for the Ford
LTD's is higher then the present Sheriff's fleet average of 13 mpg, Furthermore, the
County would be purchasing 1983 vehicles for FY 83-84,-thus avoiding any price increase
between 1983 model1 cars and 1984 model cars.
Because of the May 9, 1983 deadline, official Board of Commissioners action was
not possible, so the Board was informally polled by the Manager as to their sentiments
on this matter. Based on the results of these conversations, a purchase order was
issued. The7Board is now being asked to ratify this purchase order for FY 83-84
expenditure. 1
i
Impact: The Board of Commissioners will be authorizing the purchase of five (5) 1983
Sheriff's vehicle from the 1983-84 budget at a cost of $38,719.80. These vehicles
will be for the r placement of existing vehicles with high mileage.
Recommendation (s):
Ratify purchase order.
I
0 0 ei
Comparison of State Contract Price
and Local Dealer Price for
Sheriff's Vehicles
State Contract Local Purchase
1982* $8,827 Chevtolet Impala $8,959 Ford LTD
$8,035 Plymouth Gran Fury
1983 $7,710 Chevrolet Malibu $9,689 Chevrolet Malibu
*In 1982, the state did not award a contract for the Ford LTD, however,
the Plymouth Gran Fury is more comparable to the Ford LTD then is the
Chevrolet Impala. This is because the engine size on the Gran Fury,
(315 Cu. in. ) is closer in size to the Ford engine the County purchased
(255 Cu. in.) then was the Impala (355 cu. in. )
MANCE COU 000 NTY
BOARD OF cormrssimrcas Action Agenda
Item No. 46■■ 3
ACTIO-N AGaralk TrvA. iasTRAcr
DATE May 17 , 1983
Subject: Action on Orange County' s Senior Citizens Hall of Fame Award
F.Dprt2rt: Deparçtmenton Aainq 1 Eublic Hearing: yes x
Attachrrent(s) Inzatrr.a iton Contact:
Jerry M. Passmore
Award Procedures
acne 1■4-Thar: T32-818T , Ext; 282
, .
„ • •
Purpose: Senior Citizens Board requests Commissioners support for a
Senior Citizens Hall of Fame Award for Orange County.
Need: There is a need to recognize older persons importance and
varied cpntributions to making the community a better place to
live and( inspire others . (Award procedures attached)
1rpact: Program would require establishing a committee of Judges to
V select winners , some funds to purchase framed picture of winners
and certificate and Commissioners participating in a quarterly
presentation as an agenda item of their regualr meeting.
.............
006
•
•
ORANGE COUNTY DEPARTMENT ON AGING
SENIOR CITIZENS' HALL OF FAME
AWARD PROCEDURE
PURPOSE:
. To honor and recognize Older Adults for outstanding community
service in Orange County.
To emphasize the importance and variety of older adult's con-
tribution toward making the community a better place in which to live.
To promote the continued involvement of older adults and to
• • provide inspiration to others .
SPECIFIC AWARDS GIVEN TO THE WINNERS:
(1) Membership Certificate to the Orange County
Senior Citizens' Hall of Fame.
(2) An Awards Presentation with County Commissioners,
Senior Citizens Board and Department on Aging
Staff.
(3) Special Donated Gifts from Local Merchants.
(4) A Framed Picture of Themselves along with a
Description of Their Contribution would be per-
manently hung in the Senior Center as a Member
of the Senior Citizens ' Hall of Fame.
RULES:
I. Nominations will be accepted for retired senior citizens who
are at least 60 years of age, currently living in Orange
County, and maintain a residence here at least 75% of
the time,
2. Nominations may be amde by any church, club, group or
individual in Orange County as often as a deserving
• senior citizen is identified.
PROCEDURES:
i
•
The Senior Citizens ' Hall of Fame Board of Judges will meet
quarterly to select one or more deserving persons to be honored
with the Award for the upcoming quarter. The winners will be
selected from the submitted nomination forms . Selected winners
will be notified to appear at the First Monday Meeting of the
Orange County Commissioners on a specified month to receive their
Award. A story with pictures will be carried in the NEWS of Oranoe,
Chapel Hill Newspaper, and the Department on Aging's Orange Senior
Times .
SECURING AND SUBMITTING NOMINATION -FORMS:
Securing forms - a supply of forms, will be mailed to major
agencies and groups at the first of June of each year for their
use in making nominations throughout the year. Form mu =1„
be secu k
rPA
0 0
ORANGE COUNTY
THE SENIOR CITIZENS ' HALL OF FAME
BOARD OF JUDGES
Section 1 - Creation and Composition of the Board
There il hereby created an Orange County Board of Judges
for the Seni6r Citizens ' Hall of Fame , regarded as a committee of
the Orange COunty Senior Citizens Board. The Board of Judges '
composition Will be Ebree citizens of Orange County , ,two of whom
will be selected from the Senior Citizens Board and one at-large
members . Paid employees , whose primary work is with senior citizens ,
can not be appointed as a judge .
All members will be appointed by the Chair of the Senior
Citizens Board and will serve a term of one year (July through
June) and will be eligible for reappointment.
The Board of Judges shall adopt procedures approved by the
Senior Citizens Board for the conduct of its business and will
set regularly scheduled quarterly meetings . The Director of the
Department on Aging will assign staff to assist the Board of
Judges in carrying out its duties .
Section 2 - Powers and Duties of the Board of Judges
Under the guidance of the Senior Citizens Board , the Board
of Judges for the Senior Citizens ' Hall of Fame will be responsible
for the following :
1) Seleet , but not nominate , one or more deserving person to be
honored with the Tall of Fame Award .
2) Establish appropriate recognition procedures for each
winner.
3) Publicize the Hall of Fame Award in the cOmmunity.
4) Perform other duties , appropriate to recognition of older
adults , as may be requested by the Senior Citizens Board.
008
. , __ _ . .. . ... .., _
— --
i"
.. ,.
-
i 1
NOMINEE FOR ORANGE COUNTY
SENIOR CITIZENS ' HALL OF FAME
Nominee I Age _
Address ----- —— ___
Nominator 1 _ Address/Tel . No .
_______________
Purpose: To honOr and recognize deserving older adults for outstandin
community service in Orange County . To emphasize the importance and
variety of olderladult 's contribution toward making the community a
better place in which to live . To promote the continued involvement
of older adults and to provide inspiration to others .
Briefly describe the contribution (specific services , activities , etc . )
this nominee has made , the time period in which it was done , how it has
affected the community and why this nominee should represent and be
an inspiration to other older adults of Orange County . Areas of sig-
nificant contributions may include any or all of the following : family
local community , volunteer , recreational , church , or social involvement
Information should emphasize accomplishments since retirement or older
years .
PLEASE TYPE OR WRITE LEGIBLY (Use back page if needed)
—
__... —
GOO
OF. E COUNTY
EMRD OF COYAISSIONERS Action Ps3rncla
Item No
4 ±P 111
ACTION AGENIDA ABsTRAcr E
PIEETYZ DATE May 1 7913 3_
Subject: Special Use Permit for Piedmont Electric Operations Center
1711e7a.ring: yes
1-15 )e.xtrent: Planning 1 X
•
InfmaotionContactt Marvin Collins
Attachment(s) : Letter from Piedmont
Electric of April 20,
1983 A Phone Isitsrber: 7 3 2-8 1 8 1 - EXT, 3L9
-
PURPOSE: Piedmont Electric has requested that they be granted an extension
of time on the start of construction for the Operations Center.
NEED: The Boar4 of Commissioners approved the request by Piedmont Electri
for a PD -0I Class A Special Use Permit on January 3, 1983, with thE
conditio that construction begin within 6 months . It has taken
longer tb receive approval of the plans from their Washington
DC HeadqUarters .
•
IMPACT: It is unclear in the Zoning Ordinance what procedure is necessary
to approve a request f:or an extension of time. At the discretion
of the Board of Commissioners modifications to a special use permit
may be gli,anted without an additional public hearing (Section 8 . 7 . 3)
The grantjing of the extension should not have any significant
impact on the project or the County.
- . . .
‘ 01.0
oNT ELEe„
I qi GENERAL OFFICE • P.0.DRAWER 1179 • HILLSBOROUGH,N C 2722
-:-.".:77„." '- ' ' : '-7 • ,, 41.,.';4''' -- t' .''' ,.' ''''..::-777" ''-.7 '. 7''''' :,..'.''.'l •'".•::''.7 ', '''.: ''‘: .:::.'.-:.'i7,.: ..:. .. .
. : -, i;,"':, .; '.,.,.:; ,, :. 1 1% *;;;;:$71:', `"'•'...A l.;4'..-::''' Q . .-.....!:'..„'...-.:._-:.1,1 :Li.,:L.. .,..!;::::.:-.&. ..Z.I.:!1.:A•-..:. .-..:/:......;;12.V.,:-...;:),..i.,;4.1,;,:a,'„,
111
3.:. pu:co .6, l' `' ...,■AW., ''... '''' ,.-4■S
r- BRANCH OFFICE • P.0,BOX 1327 •
,- ,.' 4-4)S HiP COR?° ROXBORO. .N.C 275:
April 20, 1983
Orange County Planning Department
106 East Margaret Lane
Hillsborough, North Carolina 27278
Re: Headquarter Facilities
Piedmont Electric Membership - N. C. 86
Tax Map 45, Lot 22
Gentlemen:
The Class A Special Use Permit for a Planned Development -! Office Institutional
was issued to us on January 3, 1983 for the Headquarter Facilities.
The Special Condition - Item 7 - required that construction to begin within
six (6) month g of issuance of the Special Use Permit.
We find that due to delays due to finalizing plans with the Architect and approval
through REA, Washington, D. C. we will be unable to let a contract for grading
until July 1983 and construction in September 1983. Therefore, we request
extension (Item 7) for four (4) additional months.
If you need further information, please advise.
Very truly yours,
L
PIED ON ELECTRIC MEMBERSHIP CORPORATION
1/2/9
O1&
L. D. Allen
Manager of of Engineering
and Operations
LDA:en
I
ANNII•
I
1
.
!
OH
,
.. _ .
.., . - .
,. _ .. .
ih„ bodLd otf Commissioners of Orange County approved granting a CLASS A SPECIA
I
USE PERMIT FOR A PLANNED DEVELOPMENT - OFFICE INSTITUTIONAL on January 4, 1983
The propertl, subject to this SPECIAL USE PERMIT is owned by PIEDMONT ELECTRIC
MEMBERSHIP ORPORATION and is more particularly described in deed from Lethea
G. Sawyer (clvidow) to Piedmont Electric Membership Corporation recorded in deed
book 252, page 993, Orange County Registry. The terms herein contained are
binding on he present owner and their successors in title and interest until
such time as the property herein described is no longer zoned PD-OI or equivale
.1
or the conditions herein are otherwise changed by governmental action. The
Planned Development shall be constructed in accordance with the Proposed Head-
quarters Building Piedmont. Electric Membership Corporation Site Plan dated Move
ber 8, 1982 including all construction elevations and narrative statement of th
project all of which are incorporated herein and made a part of this Special Us
Permit. Mils Planned Development shall also be maintained as constructed, as
I
required in Section 7.16 of the Orange County Zoning Ordinance and as prescribe
in the spec41 conditions listed below. This Planned Development Office Instit
tional project is subject to the following special conditions:
1. That all signs for the c.leelopment shall be according to Section 7.16 and
Article 9 of the Zoning Ordinance.
2. Drainage, soil erosion and sedimentation plans shall be reviewed and approve
by Orange County. The installation of control devices and on going construc
tion work shall be inspected by Orange County. The site shall at all times
be in conformance with the Soil Erosion and Sedimentation Control Ordinance.
1
3. That the proposed dumpster be placed on a 10' x 20' concrete pad 6" thick,
with wiremesh.
4. That the service entrance from NC-86 to the entrance gate into the storage
yard be p4ved to N.C. Department of Transportation Secondary road standards.
1
5. That the developer mark the 100' buffer on the perimeter of the site and
take precdutions to insure that the grading contractor does not disturb the
area.
6. The final site plan and narrative of the project incorporating all changes,
deletions 6c1 additions through the final approval of the project are in-
corporated herein and made part of the Special. Use Permit, A copy of the
final site plan and narrative are to be maintained on file with the Orange
County Pla ning Department.
. , . . . .
Only those Uses specified in the project narrative and on the site plan,
I
including but not necessarily limited to the offices, warehousing, main-
1
tenance service and outside storage of utility materials will be permitted
at the offilce facility, All improvements as indicated shall be constructed
according to the construction schedule set forth in this permit.
E. illThe
7e following construction schedule shall be adhered to by the applicant.
i6
Construction shall begin within six months of the issuance of the Special
Use Permit.
8. All necessary easementlf,
mi*G-13 caw.,7.17
Baa4E.1 COs..2.-1.1SSIONL:.-?-5 Ation,
item No.04
ACTtON AGENDA ITE2I iff3STIZACT
MEET.Thr, DATE may
Subject: Tandem Trailers on U.S. 15-501
F6-epartrrent: Planning b/li-C Homing g: yes X
Attachmen
t(S) ; Proposed route
map; 1115OrmatiCn Contact: Marvin Collins
Resolution
Phone 14311ber: (910 732-81B1 EXT. 346
PURPOSE: To consider adoption of a resolution opposing the designation of a portion of
U.S. 15-601 as a tandem trailer truck route.
NEED: Recently, Congress approved legislation authorizing the Federal Highway
Administration to designate routes for tandem trailers. The authorization
overrides state or local regulations against tandem trailers.
On April 6, 1983, the designation of North Carolina routes was made by. the
Federal Highway Administration. On April 22, 1983, the State completed its
review of the proposal, using two principal criteria:
(1) That the routes should be continuous; and
(2) That the routes should provide access to terminal facilities,
including car dealerships.
The State proposed thirty-eight (38) revisions and fifteen (15) ;additions,
among whilh was U.S. 15-501 between U.S. 64 in Pittsboro and I-85 in Durham.
IMPACT: The proposal to add U.S. 15-501 could create problems, including:
(1) Impediments to traffic flow - U.S. 15-501 is primarily two lands
side With steep grades in places. Trucks pulling tandem trailers
have difficulty maintaining speed up hills. The 1982 traffic
count on U.S. 15-501 between Chapel Hill and the Orange County line
was 8,600 vehicles per day. The capacity of the road is approximately
- - -- -
A RESOLUTION OPPOSING THE DESIGNATION OF U. S . 15- 501 BETWEEN
U . S . 64 AND 1-85 AS A ROUTE FOR TANDEM TRAILERS
WHEREAS , U . S . 15-501 is a two-lane road which currently carries
more than 8 ,500 vehicles a day, representing 91% of
the road ' s design capacity of 9 ,500 , particularly in
the area between Chapel Hill and the Orange-Chatham
County line ; and ,
WHEREAS , Tandem truck trailers would not be able to maintain
adequate speeds up steep grads , and , on a two-lane
rd
ad such as 15-501 , it is to be expected that such
triaffic would result in increased danger to those
persons using that highway; and ,
WHEREAS , Tandem truck trailers , because of their greater weight ,
can be expected to severely damage the roadbeds which
are essential to the traffic carrying capacity of
our road network ; and ,
WHEREAS , The North Carolina Department of Transportation did
on April 22 , 1983 , request that U. S . 15-501 between
U . S . 64 in Pittsboro and 1-85 in Durham be added to
the routes in North Carolina designated by the Fed-
er, 1 Highway Administration as authorized to carry
tandem trailers .
NOW THEREFORE BE IT RESOLVED , that we , the Orange County Board
of Commissiopers , acting on behalf of the safety and welfare
of the citizens of Orange County do oppose the addition of U .S .
15-501 to that list of orads authorized for tandem trailers .
AND , BE IT FURTHER RESOLVED that we do request the North Carolina
Department of Transportation withdraw U . S . 15-501 between U .S .
64 in Pittsboro and 1-85 in Durham from its list of fifteen
( 15 ) additioPal such roads in North Carolina .
THIS , the 17th day of May, 1983 .
, Richard E. Whitted, Chair
Orange County Board of Commissioners
. ..,
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°RANGE cou,..,-TY G
BOARD OF CDINLISSIONE-taS
Action. Psencla
ACTION AGa:QA. ITEM ABSTRACT Mem Nolillip
MkETZ7G DATE May 17, 1983
Subj : Wild Animal Control
Hearing: - yes x
D=Tartn-ent: Health , Public Hear
•
TzfOrriatiOn Contact: Jerry Robinson
Attachment(s) ; Ins ection keports
Phcrie Mater: 732-8181, ext. 311
• .
PLIZIPOSa; A) To act upon second reading of the fees and caging standards which were
passed on first reading at the May 2 meeting.
B) To act upon the variances recommended in the inspection reports . The
inspection reports were modified as discussed at the May 2 meeting. Howeve
the Director believes that insomuch as the serval is left unattended during
the dayl and person(s) or other animal(s) could come up to the primary en-
closure and reach in or poke an object into the enclosure if there is no
secondary restraint. Therefore, the Director recommends that a four to five
foot fence of moderate cost construction, but with a locking gate be
I
constructed 6 feet out from the primary enclosure as a barrier.
Need: Owners can not adequately proceed to construct qualified, safe enclosures
until the caging standards are adopted. The Health Department can not charge
fees until such are adopted.
ITact: A) The tot 1 first year fee costs to owners were given last meeting, they
L
are:
Multiple Reptile site - $52
Single Feline Enclosure site - $168
Multiple Feline Enclosure site - $471
1
...,
rLuperEy of Tim Greene)
Enclosure Standard Provided Compliance p Conditions of Approval
Minimum Area
600 sq. ft. per animal 280 sq. ft. enclosure No - Area Provide enclosure of minim
(14' x 20' jail cell) of ordinance. (Variance fc
proposed 12,000 sq. ft. en(
Number of Animals Permitted
One (l) male/enclosure One (1) female in enclosure
or Yes None
Two (2) females/enclosure
Construction Standards
Jail cell does not comply w:
primary and secondary enclo:
Owner must provide primary G
complying with all ordinance
Enclosure Standard Provided Compliance Conditions df-Approval
Primary Enclosure contains None No
600 s ft. Applicant must comply with all
q. per animal
One bear per enclosure The 'jail cell temporary holdi
P The 2 bears registered were not is inadequate in all respects.
on site during inspection visits
Primary enclosure constructed
of 3/4-inch steel bars anchored
in 30 inches of concrete
spaced no more than 4 inches
apart, crosswelded
Enclosure height of 10 ft.
Enclosure top" of 3/4-inch
steel bars crosswelded to side
bars every foutc,(4) inches
with no gaps
Enclosure floor of concrete
covered with plywood or crushed
rock
Rouble safety door and entrance
enclosure constructed as
primary enclosure standard
Both safety doors have separate
chain and lock located at top
and bottom of each door
Ben made of concrete block or ._
treated lumber to withstand
weather easily cleanable
Enclosure Standard Provided
Compliance Conditions of Approval
Primary enclosure contains
minimum of 6 cubic ft. 23.11 cubic ft.
Yes Bone
One reptile per enclosure 1 male Boa Constrictor 6�-7 ft.Ion No
1 Female Boa Constrictor 6 ft.long Construct permanent separation
Enclosure constructed of good, 'k" plywood aides, top and bottom, Yes
metal or glass or any pegboard back; glass front, N°ne
combination to totally enclose screen doors
and restrain the reptile
Ventilation holes small enough Backs of compartments made of Yes
to prevent escape are provided pegboard for ventilation to
One side of enclosure has a Glass front
window of glass or fencing or YES None
be constructed of glass
Doors to enclosure be padlocked Screen door type hooks
No Provide padlocks
Enclosure Standard Provided Compliance Conditions of Approval
Primary enclosure contains 2.88 cubic. ft. No Provide 3.12 additional cubic
minimum of b cubic ft.
One reptile per enclosure 1 python - 4 ft. long Yes None
Enclosure constructed of wood, k" plywood sides, top, bottom, Yes None
metal or glass or any door, pegwood back, glass front.
combination to totally enclose
and restrain the reptile
Ventilation holes small enough Pe wood back for ventilation Yes None
to prevent escape are provided
One side of enclosure has a Glass front Yes None
window of glass or fencing or
be constructed of glass
Doors to enclosure be padlocked Screen door type hooks No Provide padlocks
Enclosure Standard - Provided Compliance Conditions of Approval
Minimum Area
600 sq. ft./animal 1,800 sq. ft. for two (2) animals; Yes None
1,200 sq.. ft. required
Number of Animals Permitted
One (1) male/enclosure One (1) male and one (1) female in No - Number Provide separate enclosure fo
or
one (1) enclosure
Two (2) females/enclosure
Construction Standards
9 gauge, steel chain link 9 gauge, steel chain lints fencing Yes None
fencing
2 -inch diameter Schedule 40 2k-inch diameter steel poles, placed Yes None
steel poles placed 30" in 30 inches in ground and anchored in
ground and anchored in concrete concrete
Poles not more than 10 ft. apart Poles ten (10) feet apart and extend Yes None
and extend to top of fencing to top of fencing
Fencing placed on interior side Fencing placed on interior of poles, No - Ties -Provide more ties to comply wi
of poles and attached to poles attached to poles by steel wire (1) foot or less . Side fencit
by steel wire ties not more ties approximately 18 inches apart, 3-4 inches.
than one (1) foot apart and tied and tied around circumference of
securely around circumference of pole
pole
Minimum height of open enclosure 10 foot high enclosure with ?-foot No - Height and Increase height of fence to 12
12 feet with 4-foot overhang overhang of two insulated strands of Overhang overhang at 45
forming angle of 45° barbwire at 900 angle > or
Provide top for cage of 11 ga
Top fencing secured tp sides by Not applicable Not applicable Ties must be provided if top p
steel.wire_ ties, spaced not more
than 3-inch intervals
Side fencing extended 30 inches - Side fencing secured by crossbar. Yes None
below the surface or secured at
ground level by a horizontal
crossbar-.
tiger tncEosure
Enclosure Standard Provided Compliance Conditions of Approval
Construction Standards
No gaps larger than 2-inches No gaps appeaeed to be larger Yes None
in fencing than two (2) inches
Floor construction of concrete
with side fencing anchored
in concrete
or
Floor of crushed stone with Earth floor with side fencing No - Floor Provide crushed stone floor
side fencing extended thirty secured to horizontal cross bar at (Variance for existing dirt
(30) inches below ground level bottom of enclosure
or secured to horizontal cross
bar at ground level
Safety floors
Double safety door required Double safety door provided Yes None
Inner and outer doors must havf Inadequate number of locks No - Locks Provide chains and padlocks
chains and padlocks top and top and bottom of doors
bottom
Separation of Animals
No common fences between Common fence with one enclosure No - Separation Provide separation fencing E
animals containin g three (3) female
existing fence and construct
Adult males separated by 9 leopards and another containing fencing.
gauge fencing, doubled and one (1) male and one (1) female
spaced three (3) apart leopard
Other Requirements
Claw log Done provided other than rough, No - Claw_log �-
�_
Shelf (24"Wx8'Lx4O"H) None provided except as noted No. - Shelf (Variance recommended for el
below if used for one of the animF
Den or retreat of concrete Retreat of rough lumber -- top No - Retreat Separate improvements requir.
block or treated lumber serves as shelf
•r
Enclosure Standard Provided Compliance Condition of Approval
'" tx
Secondary Enclosure
Constructed of None provided No Provide secondary enclosure
Ilk gauge, steel, chain.'link
fencing attached to lk-inch
steel poles, anchored in concret
30 inches in ground
Fencing placed on interior at None provided No FOOTNOTE: ONE (l,) FEMALE LEOI
1poles and attached by steel. wire (2) 'MALE TIGER C1
hies, spaced not more than one PRESENTLY HOUSED II=
(1) foot apart and tied securely APPROXIMATELY. B-FOC
around pole circumference ENCLOSURE WITH CEMI
.FLOOR AND b-FOOT HI
Fencing eight (8) feet in height None provided No FENCING. A SOLID RC
and electrified top and bottom PROVIDED.
by single wire strand
THESE ANIMALS MUST
Spacing of six (5) feet between None provided No TO ENCLOSURES COMPL
primary and secondary enclosures THE ORDINANCE STAND
Single safety door with None provided No
separate -padlock
E
J
ENCLOSURE STANDARD PROVIDED
COMPLIANCE CONDITION;
Minimum Area
900 sq. ft. for first 1-800 sq. ft. for two (2) Yes
animal; 200 s ft. for None
q- animals -- b00 sq. ft. required
each additional animal 2-800 sq. ft. for three (3)
animals - 800 sq. ft. required
Number of Animals Permitted
One (1} nwl.e/enclosure ##l. One (1) finale and one (1) No - Number
Provide separate enclosure
or .female in enclosure two #2) females in one encl
Two (2) females/enclosure #)2. Three (3) females .n enclosure
additional double safety do
Construction Standards
9 gauge, steel chain link 9 gauge, steel chain link fencing. Yes bone
fencing
2�-.inch diameter, schedule A-,inch diameter schedule 40 steel Yes None
90 steel poles placed 30" in poles placed 30" in ground and
ground and anchored in anchored in concrete.
concrete
Pales not more than 10ft. Poles ten (10) feet apart and yes
None
apart and extend to top of extends to top of fencing
fencing
Fencing placed on interior Fencing placed on interior of No--Ties Provide more ties- to comply
side of poles and attached to poles, attached to poles by steel
poles by steel, wire ties not wire ties a (l) foot a7c less
approximately i8-inches
more than one foot (1) apart apart, and tied around pole
and tied securely around circumference.
circumference: of pole.
Minimum height of enclosure Height of ten (10) feet Yes
with top-8 feet. None _
—Top-fencing(�I gauge) Top fencing (9 gauge) securecd No-Ties provide additional ties
secured to sides by steel wine 4 as riE
to side by ly 3 ties spaced Ong ?nterVal. of three (3Y �`nc
ties spaced not more than
3-inch intervals apPr°ximately 3-4 inches apart at seam should be tied every
No gaps larger than 2-inches No gaps appeared to be larger than Yes None
in fencing two (2) inches
Floor constructed of concrete
with side fencing anchored
in concrete.
ENCLOSURE STANDARD PROVIDED COMPLIANCE CONDITIONS C
Construction Standards
or
Floor of crushed stone Earth floor with side fencing No.-Extension Provide crushed stone floor
with side fencing extended attached to horizontal cross below ground below ground level.
thirty (30) inches below bar bottom of side. level (Variance for existing dirt
ground level.
Satety Doors
Double safety door Double safety doors provided. Yes None
required.
Inner and outer doors must Inadequate number of locks. No-Locks Provide chains and padlocks
have chains and padlocks top and bottom of doors.
top and bottom.
Separation of Animals
No common fences between #1-Common fence other leopards No-Separation Provide separation fencing
animals_ in enclosure #2 fence and constructed of 9 c
Adult males separated by #2-Common fence with another
9 -gauge fencing, doubled leopard enclosure and with tiger
and spaced three (3) feet enclosure, each containing one
apart. (l3 male and one(l) female
tither Re uirements
Claw log None provided No-Claw Log. Provide claw log.
__..__..._She7:f--(29"Wx3-"-Lx40"Hl —Proui`ded � Yes —
Den or-:rntreat of concrete wood retreat covered with earth.. No--Retreat, (Variance recommended for pr
block or treated lumber
Leopard Lnulosures X61: and 42 (See footnote)
Enclosure Standard Provided. Compliance Condition of Approval
F
Secondary Enclosure
Constructed of None provided No Provide secondary enclosure
ll z gauge, steel &hain.•link
fencing attached to 1k-inch
steel poles, anchored in concret
30 inches in ground
Fencing placed on interior at None provided No FOOTNOTE: ONLY (1) FEMALE LEO]
poles and attached by steel wire (2) MALE TIGER C]
ties, spaced not more than one PRESENTLY HOUSED- 11,
(1) foot apart and tied securely APP OXIMATELY. 8-FO{
around pole circumference ENCLOSURE WITH CEMI
FLOOR AND 5-FOOT HI
Fencing eight (8) feet in height None provided No FENCING. A SOLID RC
and electrified top and bottom PROVIDED.
by single wire strand
THESE ANIMALS MUST
Spacing of six- (6) feet between. Bone provided No TO ENCLOSURES COMPL
primary and secondary enclosures THE ORDTNANGE STAIJI)
Single safety door with None provided No
# separate padlock
��+`� uat uL141Uti S1 L'C
V
Enclosure Standard Provided Compliance Conditions of Approval
Minimum Area
400 sq. ft. for first animal; 300 sq. ft. (approximated 15' x 20' No - Area Enlarge enclosure to 400 sq.
200 sq. ft. for each additional
animal
E
Number of Animals Permitted,
One (l) male/enclosure One (1) male - 180-200 lb. Yes None
or
Two (2) females/enclosure
Construction Standards
9 gauge, steel chain link 9 gauge, steel chain link -fencing Yes None
fencing
2k-inch diameter, Schedule 3-4" diameter cedar post anchored No - Posts Provide 2'k-inch Schedule 40 st
40 steel, poles placed 30" in in concrete - depth unknown and anchored in concrete
ground and anchored in concrete
Poles not more than 10 ft. apart Poles approximately 7.5-8 feet Yes None
and extend to top of fencing apart and extend to top of fencing
Fencing placed on interior side Fencing placed on interior side of No - Attachment Staples replaced completely_ wj
of poles and attached to p..o-$.__ _._._po_les_,_.._attaehed-to-poles-by-heavy one (1) foot apart and ties ar
— Wy steel dire ties not more than duty staples and wire ties.
one (1) foot apart and tied
securely around circumference
of pole
Minimum height of enclosures Enclosure height approximately 7 No -- Height Height of enclosure raised to
with top - 8 feet feet
Top fencing (ilk gauge) secured ll' gauge fencing on top attached Yes Done
to sides by steel wire ties to sides with wire ties spaced
spaced not more than 3-inch approximately 3-inches apart
intervals
Enclosure Standard Provided
Compliance Conditions of Approval
Construction Standards
No gaps larger than 2-inches Gaps of greater than 2-inches
in fencing between corner posts and gates/ No - Gaps Relocate posts to provide strut
posts gaps of 2-inches or less
Floor constructed of concrete Earth floor with some crushed No— ei
with side fencing anchored in stone; side fencing extended one materialoand Provide crushed stone floor; W
concrete (l) foot below round level and ground level to 30 inches. {VE
g depth of fencing in new enclosure recommended,
or anchored in concrete not result in animal being in w
Floor of crushed stone with
. side fencing extended thirty
(30) inches below ground level
Safety Doors
Double safety doer required Double safety doors provided
Yea None
Inner and outer doors must have Inner door - one chain and padlock
chains and padlocks top and outer door -- bolt lock and flexibl
bottom chain lock
Se axation of Animals
No common fences between Not applicable
animals. Not applicable None
Adult males separated by 9 Not applicable
gauge fencing, doubled and Not applicable bone
-- ---spaced-three---{3)-feet apart
Other Requirements
Claw log Hardwood deck and log provided Yes
None
Shelf (24"Wx8'L'x40 11H) No shelf provided
No - Shelf Provide Shelf
Den or retreat of concrete Retreat constructed of plywood
block or treated lumber provided No -- Retreat Provide new retreat of concrete
(Variance for use of existing re
Enclosure Standard Provided Compliance Conditions of Approval
Secondary Enclosure
Constructed of Welded dire fencing attached to No - Fencing and Provide secondary enclosure in
llk gauge, steel chain link cedar posts anchored in ground Supports
fencing attached to lk-inch
steel poles, anchored in
concrete 30 inches in ground
Fencing placed on interior at Fencing placed on interior of ` No - Attachment
poles and attached by steel poles and attached by heavy duty
wire ties, 'spaced not more than staples
one (1) foot apart and tied
securely around pole
circumference
Fencing eight (8) feet in Fencing four (4) feet in height No- Height and
height and electrified top and and electrified at top Electrification
bottom by single wire strand
Spacing of six (6) feet between Spacing of four (4)-.feet and No - Spacing
primary and secondary enclosures secondary enclosure touches
primary enclosure
Single safety door with padlock Double safety door for primary No - Door
enclosure extends through
secondary enclosure
Enclosure Standard Provided Compliance Conditions of Approval
Minimum Area
100 sq. ft./enclosure 399.5 sq. ft.
(17' x 231 .611) Yes None
Number of Animals Permitted
One (1) male/enclosure
or
Two (2) females/enclosure One (1) female - 28 lb, Yes None
Construction Standards
Ilk gauge, steel chain ;.ink Ilk gauge, steel chain link Yes - Sides None
fencing (sides and top) fencing (sides) and welded wire
fencing (top) No - top Replace welded wire top with
(Variance for existing top rec
Ik-inch diameter steel poles lk-inch diameter steel poles placed Yes - Size None
placed 30" in ground and 20" in ground and anchored in
enclosed in concrete concrete No - Anchor depth Replace steel poles and place
(Variance for existing constrt
Poles not more than 14 ft, apart Poles approximately 8 ft, apart Yes done
and extend to tope of side and extend to tope of fencing
fencing
Fencing placed on interior side Fencing placed on exterior side of No - Internal Provide additional ties to corn
of poles and attached to poles poles; attached by steel Faire ties of one (1) foot. (Variance for
by steel wire ties spaced not spaced 10-17 inches apart; and tied of poles recommended due to si
, more than one (1) foot apart and around circumference of poles animal).
tied securely around eircumferen e
of pole
Minimum height of enclosure with Enclosure height -- 8 feet Yes None
top 8 feet
c-li :insure
Enclosure Standards . Provided Compliance Conditions of Approval
Construction Standards
Top fencing secured to sides Top secured to sides by steel wire No -- Intervals Provide additional ties to col
by steel wire ties spaced not ties spaced at 3-5 inch intervals three (3) inches
more than 3 inch intervals
No gaps larger than two (2) No gaps larger than two (2) inches Yes None
inches in fencing
Floor constructed of concrete
with side fencing anchored in
concrete
or
Provide crushed stone for floo
lFloor of six (6) inches crushed Dirt floor with side fencing No - Floor and 12 inches below ground level.
stone with side fencing extended extended. eight (8) inches below Fencing recommended.) If additional f,
thirty (30) inches below ground ground level
level additional width onto bottom,
ties spaced not more than 3 in=
Safety Doors
Double safety doors required Double safety doors provided Yes None
Inner and outer doors must have One (1) padlock provided for each Yes None
a separate padlock doer
Separation of Animals
No common fences between animals Not applicable Not applicable None
t vty 4LC
i
Enclosure Standard Provided Compliance Conditions of Approval
Other Requirements
Claw logs Tree trunk extends through top of Yes Done
cage
Shelf (14"W x 4'L x 36"H) No shelf No -- Shelf Provide shelf
Den or retreat of concrete Retreat is now a plastic carrying No - Construction Provide retreat of larger si;
block or treated lumber box. or treated lumber
Secondary Enclosure
Constructed of None provided No Provide secondary enclosure i
11k gauge, steel chain link (variance to wave requirement
fencing attached to 1k-inch recommended due to size of an
steel poles, anchored in concret
30 inches in ground
Fencing; placed on interior of None provided No
poles and attached by steel wire
ties, spaced not more than one
(i) foot apart and tied securely
around pole circumference
Fencing eight (8) feet in height None provided No
and electrified top and bottom
by single wire strand
---Spac-ing--of six-(5)--feet iietweeri None provided `- No ----- —
primary and secondary enclosures
Single safety door with None provided No
separate padlock
ORANTZ. COUNTY
BOARD OF ca.-missics
Action Agenda
•
pamaN AGED A ITEN ABSTRACT iteirtn„41E., 7,
vigamm DATE May 17, 1983
Subject: Animal Control
D.-- 12.1.7maInt: Health Public Rearing: yes
•
Attachment(s) Infonvation Contact: Commissioner Willhoit
A) Letter from Commis ioner Willhoit
B) Proposed Animal Control Ordinance Pl ane Number:
•
TT-Proposal for Anim4 Cruelty Investigator
D) Compendium of relevant State Regulations
Ptirpose: A) To consider an Animal Control Ordinance for Orange County which will result
in dogs being kept on their owner's property and under control.
B) To consider authorizing an Animal Cruelty Investigator who will investigate
inhumane animal treatment.
1) Numerous citizens are bitten each year (some persons sustain serious injury
requiring hospitalization) ; the Animal Control Officers (ACOs) of the Health .
Department handle around 10 bite cases per month; dogs cause bicyclists and
motorcyclists to have accidents ; in some areas jogging and other outdoor exer-
cise is hazardous due to dogs; livestock are killed by dog packs ; roaming dogs
destroy property; citizens complain they are not able to enjoy their own yard
due to roaming dogs; the ACOs respond to about 170 citizen complaints about
dogs per month in the non—incorporated areas of Orange County. Orange County
does not now have an ordinance other than the minimumal State Regulations ,
The State Regulations are inadequate for the control of roaming and biting
dogs---often our ACO' s are unable to help people do to lack of regulations .
2) Several major cases of cruelty to animals are discovered each year. We lack
a systematized effort to discover the true extent of this problem and stop
such practices .
Impact: A) Increased safety and security of citizens and property from animals .
B) Provide bCO's with necessary regulations to do their jobs .
C) Establish an animal
I _
. - .
1 ■--,
k.-PRANGE COUNTY COMMISSIONERS
106 EAST MARGARET LANE 0 31
HILLSBOROUGH, N. C.
27278
I
II/CHARD E.14 HI rTED.CL..
BEN LLOYD
SIFIRLEY E.MARSHALL
NORMAN WALKER
DON WILLHOIT
MEMORANDUM
TO: The range County Board of Commissioners
FROM : Don Wilihoit
RE: Animal control (dogs )
DATE : April 29 , 1983
Over the past few years , I have received numerous requests for
the County to adopt more stringent animal control regulations ,
especially in the more densely populated subdivisions . In
response to my proposal to provide different regulations for
rural and subUrban areas , a local bill was passed by the Gen-
eral Assembly in 1979 which enables Orange County to regulate
animals by district (of any size or shape) . - Despite this
enabling legislation , we have yet to adopt any animal con-
trol regulations . Until such regulations are adopted , the
only animal control regulations in effect in Orange County
are those in the General Statutes , which are not adequate
to urban-dens 'ty developments .
Since thenigild animal " issue has arisen , the number of calls
that I have received about dogs has increased markedly.
Most , if not all , of the - callers , have indicated that they
have never been bothered by a tiger, but their neighbor ' s
dogs were very much a problem. In view of our Board ' s unani -
mous opinion that exotic animals should be regulated , now
appears to be a propitious time to deal with the much larger
problem of regulating dogs which are vicious , create a
nuisance , or destroy property.
The Animal Protection Society of Orange County has provided
us with a proposed Animal Control Ordinance (Attachment A)
for our consideration . In addition , they are requesting
consideration of their proposal to appoint an Animal Cruelty
Investigator for Orange County (Attachment B and related
correspondencei, Attachment C) . Although I am not ready to
recommend adoption of these proposals in their present form,
I believe that they can be useful as a starting point for
discussion .
I have asked the Clerk to obtain copies of the NC Dog Law
Manual for Commissioners Lloyd and Marshall published by
. .
06(4
--21:11-4-47 4
r 3
/ r
ANIMAL CONTROL ORDINANCE
PURPOSE
The purposes of this ordinance are (1) to control those public
nuisances that are created as a result of the animal population in
Orange County, (2) to eliminate the abuse, cruelty, and abandonment
of animals in Orange County, (3) to restate an annual privilege
license tax program for dogs in Orange County.
DEFINITION OF TERMS
(a) Animal - Any live, vertebrate creature specificially in-
cluding but not limited to dogs, cats, farm animals, birds, fish
and reptiles.
(b) Owner - Any person, group of persons, firm, partnership,
or corporation owning, keeping, having charge of, sheltering,
feeding, harboring, or taking care of any animal . The owner is
responsible for the care, actions, and behavior of his animal.
For the purposes of this ordinance, an animal shall be deemed to
be harbored if it is fed or sheltered for five consecutive days
or more.
(c) Person - Any indiiridual„ partnership, firm, joint stock
company, corporation, association, trust, estate, or other legal
entity. - -
(d) Public Nuisance - Any dog or group of dogs which:
(1) repeatedly and uncontrollably chases, snaps at, attacks,
or barks at Diril-,m
-2-
(3) repeatedly damages private property.
(4) is a female dog which runs at large in heat.
(e) Vicious Animal - Any animal which constitutes a physical
threat to human beings or other animals by virtue of unprovoked
attacks of such number or an attack of such severity as to cause
property damage or physical injury to a person or another animal.
SECTION I. Public Nuisance.
It shall be unlawful for any animal owner to keep or have
within the coupty any animal which defined by this ordinance re-
peatedly cond cts itself so as to be a public nuisance.
SECTION II. Vicious Animals.
It shall be unlawful for an animal owner to keep any vicious
animal within the county unless it be confined within a secure
building or enclosure, or unless it be securely muzzled and under
restraint by a competent person by means of a leash, chain, or
rope.
SECTION III. Teasing and Molesting.
It is unlawful, for any person to unreasonably tease, molest,
or bait any animal.
.
I
031
,
1
-3-
forsake any animal within the county.
SECTION V. Injuring Animals.
It shall be unlawful for any person who causes injury to an
animal by running over or hitting any animal with any motor vehicle
1
to fail to stop at once and render such assistance as may be possible.
Any person injuring an animal shall notify immediately (1) the owner(E
1
of said animal, (2) an animal control officer, and (3) one of the
rci
following: (a) the . 1 department or (b) the local humane society
SECTION VI. Cruel Treatment.
It shall be unlawful for any person to molest, torture, torment,
deprive of necessary sustenance, cruelly beat, needlessly mutilate
or kill, wound injure, poison, abandon, or subject to conditions
detrimental to its health or general welfare any animal or to cause
or procure such action. The words "torture," "torment, " or "cruelty"
shall be held to include every act, omission or neglect, whereby
unjustifiable physical pain, suffering, or death is caused or per-
mitted; but such terms shall notbe construed to prohibit lawful
shooting of birds, deer and other game for human food; nor to pro-
hibit any authorized County agent from, catching, harboring and de-
stroying dangerrus, unwanted, or injured animals in a humane manner
and in accordance with other provisions of this ordinance,
SECTION VII. Privilem. rr. ,.. Fr,„„
[
(Li i
_ .
-4-
except as otherwise provided in this ordinance. It is the purpose
of this ordinance to supplement State law by providing a procedure
for the enforcement of laws requiring dogs to wear a privilege license
tag.
It shall be the duty of the Orange County Tax DeparLaient during '
the tax listing period, to furnish all persons listing dogs a privi-
lege tax tag for each dog listed. The tag shall indicate the year
for which the iicense has been issued. The tag shall display an
identification number and a record is to be kept of the person to whom
the tax has been mailed or otherwise delivered.
In addition to all other penalties prescribed by law, a dog
is subject to impoundment in accordance with the provisions of this
ordinance if the dog is found not to be wearing a currently valid
dog privilege tax tag and rabies tag.
It shall be unlawful for any person to use for a dog a license
or a vaccination tag issued for any other dog.
It shall al o be unlawful for any dog owner moving into Orange
F
County with a dog to fail to obtain a valid rabies tag and dog
privilege tag for each dog owner within thirty (30) days of residence
in the county. ', -
SECTION VIII. Keeping Stray Dogs: Requirements, Failure to Surrender.
It shall be unlawful for any person in the county knowingly and
036
-5-
_ .
It shall be unlawful for any person to refuse to surrender
any stray dog to the Orange County Shelter Manager or his authorized
agent upon demand of such agent.
SECTION IX. Exceptions to Wearing Current Vaccination and Tax Tag.
Collar or harness with required tags attached must be worn
by dogs at all times except when a dog is confined to an enclosure on
the owner' s premises or when performing at shows, obedience trials,
tracking tests, field trials, training schools or other events
' sanctioned and supervised by a recognized organization. During
hunting seasons any dog owner hunting his animal shall be exempt
from this requirement if he has the required privilege tax tags
and rabies tags in his possession or available documentation within
24 hours. Dogs not wearing tags or not accompanied by the owner
with appropriate documentation as specified above shall be impounded
at the animal shelter.
SECTION X. Wild, Exotic , Dangerous, or ?Ton-domestic Animals.
No person shall have, keep or maintain any wild, exotic, danger-
ous or nondomestic animal , -eKCe."1 as ,r0tideci 4r 4y OtJ ' & //41
LJ
S 574-4 S Div!
v )
SECTION XI. Impoundment.
Any domestic animal, which appears to be lost, strayed, or
unwantea . nr =.71-cr 4 _
-6-
. .
Days the shelter is not open shall not be counted as days of
confinement.
SECTION XII, Vaccination Authorization.
It shall be unlawful for any person other than an authorized
veterinarian or a duly appointed rabies inspector to vaccinate for
rabies any dog in Orange County.
SECTION XIII. Fees.
There is to be levied an annual privilege tax of
on keeping unneutered dogs, and a tax of for neutered
dogs.
SECTION XIV. Responsibili for Enforcement.
It shall be the responsibility of the City and County Animal
Control Officer and the Animal Protection Society to enforce Section
VI through Section VIII of this ordinance.
SECTION XV. Violations Misdemeanor .
Pursuant to state law, it is a misdemeanor punishable by a fine
not to exceed -- dollars ($ ) or imprisonment not to
■••-•■•■•••••■■+
exceed ( ) to violate any ordinance adopted by a
Board of County Commissioners. Upon the conviction of any person
for the violation of any section of this ordinance, the court shall
be authorized to inter such orders as may he npf-p ,-,, 4--
_ _
-7-,
• SECTION XVI. Severability.
If any section or part of this ordinance should be held in-
valid for any reason, such determination shall not affect the re-
maining sections or parts, and to that end the provisions of this
ordinance are severable.
SECTION XVII. Effective Date.
This ordinance shall become effective on
. , , 3 ' Or, d 01 a.,,/ 6
TO: The Board of County Commissioners of Orange County
FROM: The Animal Protection Society of Orange County, Inc.
RE: Appointment of an Animal Cruelty Investigator for Orange County
March 16, I 1981
The oard of Directors of the Animal Protection Society of Orange
County, Inc. respectfully requests that the Board of County Commissioners
implementtthe provisions of the General Statutes as amended by the
1979 session of the General Assembly providing for the appointment of
county Animal Cruelty Investogators and for the execution of an agreement
between a bounty and a, local humane society incorporated under North
Carolina Ilaw relating to the nomination and expenses of said Investigator.
Background: Reports of cruelty and neglect of animals in Orange County.
both household pets and farm animals, are frequently received by the
Director of the County Animal Shelter and by Animal Control Officers..
These persons have other duties to perform which take priority over
the time-cpnsuming investigation of cruelty reports; the Director of
the Shelter lacks official status to pursue legal recourse.
At the urging of the North Carolina Humane Federation the 1979 session
of the General Assembly enacted statues providing for the appointment
of county Cruelty Investigators. The text of the law is attached. The
position is envisioned as a part-time official appointment and the
Investigator is to receive no compensation or employee benefits from
the county but the county may reimburse him for necessary and actual
expenses such as automobile mileage. The Investigator is to wear a
badge of a design approved by the Commissioners, but provided at no
cost to the county. The Investigator is required to take an oath, but
not required to post bond. The investigator is authorized to file
r complaintslwitli a magistrate and to serve a magistrate's order to
seize animals, but to make forcible entry into property only by
day and only when accompanied by a law enforcement officer. He is not
' required to pay any costs or fees prior to final judicial determination.
Interference with the Investigator in the performance of his duties is
a misdemeanor, punishable by a fine up to $200. The Investigator is
required to attend a course of instruction of at least six hours offered
by the North Carolina Humane Federation at no cost to the county.
Terms of APS Offer: I.n order to implement the provisions of the law
the Animal Protection Society of Orange County, Inc. is prepared to
provide the following services and support:
- preparation of a job description;
- nomination of a candidate;
- payment of a retainer of $200. a month for a probationary
period of 3 months, to be extended for an additional 9
months if satisfactory to all parties;
- payment of expenses incident to the required 6 hour course
of instruction;
- provision of film and use of a camera for investigations;
- P=ovision::of record books and report form;
- use of APS equipment and facilities as needed.
,
„0. range county 300 W, Tryon Street
Hillsborough N.0 27278
732-8181
7329361 ext. 305
HEALTHDEPARTMENT Chapel Hill line 967-9251
968-4501
—%ri......;..0 Mebane line 227.2032
Durham line 688-7333
688-7331
Carr Mill Mall, Suite 225
100 N. Greensboro Street
Carrboro, NC 27510
MEMORANDUM 942-4168
Jerry Robinson. M P A.
Director
TO: County Commissioners
County Manager
FROM: Jerry Rolinson
DATE: May 17, 1983
RE: Update on Wild Animals
As of the 5 :00 pr, May 5th cut off date for application and issuance of a permit
to keep a wild artimal(s) , .3 owners had furnished evidence of insurance coverage
I
and were issued permits . The permits are contingent upon meeting the caging
standards (within 120 days) and paying the fees to be adopted by the Commissioners .
Those owners were:
1 . Rod Farb Adult Tiger
2. Paul Modrich-Vickers Burdett Serval
3 . Lynn Moredock Jaguar
Two other owners had called me prior to 5:00 PM, May 5th to say they were not
going to apply fc?r a permit and were going to remove the animals from Orange
County. Those owners were:
1. Charles Younger 2 boas and 1 python
2. Tim Green 4 tigers and 6 leopards
In accordance with page 10, Section 6, Number 2, Civil Penalty clause of the
'Wild Animal Ordiinance' , I sent them a certified, return receipt letter on
i
May 6 - - copies of those letters were furnished the Commissioners. Secondly,
in accordance wi lh page 11, Section 6, Number 3, Injunctive Relief, (a), I re-
ported the two owner' s ordinance violation of failure to apply and receive a
permit, in a memo to the Commissioners of May 6 ,
Mr, Younger was out of town until May 9th and did not receive his letter until
that date. He called me on May 9th and reported that the snakes were being
removed from Orange County that date .
Mr. Greene received his letter on Saturday, May 7th, On May 10th I received
a call from Kay Greene . We discussed (a) their needing to furnish me a copy
of their insurance coverage, (b) their intent to remove all their wild animals
from Orange Count by June 1st, and (c) that their inventory of wild animals
as of that date consisted of 2 tigers cubs and 4 adult and 2 cub leopards . On
May 16th, I receiyed a call from Kay Greene saying that their insurance documen-
tation was available and that their present inventory of wild animals consisted
of 2 tiger cubs, t adult and 2 cub leopards . On May 17th I received the Greene 's
insurance statement and verified that they had been properly insured since prior
to County regulation adoption.
" ■ 300'N Tryon Street
4 r .
Hillsborougn C 27278
732-9351 ext 305
.""
HEALTH DEPARTMENT
rtril ine 88-1501
MeDane,ine 227.2032
• _ Ournam line F.38-7333
MEMORANDUM Carr MW Mall Stifle 225
100 N Greensboro Street
Carrtroro,
TO: Attendees of Animal Cruelty Investigation Meeting 942416N C 2750 8
FROM: Jerry Robinson Jerry POD1nSOn M.P
Director
DATE: December. 30, 1981
The material below was assembled and distributed as background information for
out luncheon meeting at the Caolina Inn on January 7, 1982. The material was
taken from two Institute of Government publications which were authored by
Attorney Patrike Solberg.*
NOTE: If the reader wishes to immediately be informed about appointment of
animal cruelty investigators, turn to page 4, paragraph 2.
-----
Animal Abuse
riminal Law, "It is never lawful for a man to take pleasure
directly in the p-arn-given to brutes, because in doing so, man
degrades and brutalizes his own nature." 1 In 1641, the Massachu-
__ setts Bay Colony enacted the first animal protection law; during
the 1800s nearly every state followed the Massachusetts lead.2
North Carolina's law was enacted in 1881.°
G.S. § 14-360 provides that it is a misdemeanor punishable
by a $500 fine or six months in prison for any person to "willfully
overdrive, overload, wound, injure, torture, torment, deprive
of necessary sustenance, cruelly beat, needlessly mutilate or
kill" any "useful" living creature. It does not, however, prohibit
shooting-"game" for human food. It is important that only "willful"
actions are prohibited. In defining "willful," the North Carolina
Supreine Court stated that the term "implies doing the act purposely
and d4liberately,, indicating a purpose to do it without authority--
careless whether he has tie right or not . . . without just 9use,
excuse or justification." Thus in one North Carolina case,
the defendant shot a dog that belonged to another person because
it had previously roamed around the place where the defendant
worked and had once burst in the front door and made the place
smell foul. The defendant was convicted I animal abuse because
the dog's actions did not justify killing it. Note that the defendant
did not torture the dog--he killed-it without just cause.
In another case,7 the defendant killed someachickens
because they would not stay out of his pea patch. He argued
that the killing was not willful because it was done in a fit of
angeri The court rejected this argument: "Since the enactment
of thi4 statute it has been unlawful in this state for a man to
C
•
2
Finally, another defendant we's charged with kicking
and beating his awn dog and repeatedly holding its head under
water. He argued that this was not willful abuse but rather
an effort to teach the dog not to dig holes in the yard. The
court held that if this was a good-faith efforiota train the dog,
the defendant would not be guilty of abuse.
Civil Law. The civil remedy 11 for abuse of animals authorizes
any person te a verified complaint in the superior court
in the county where an incident of cruelty to any "useful" animal
has occnrred. The law defines cruelty as any act or neglect
that causes unjustifiable physical pain, suffering, or death
to any usful creature. There are exceptions for taking game
animals and for agencies that conduct biomedical research or
training '!or for sport, " When he receives the complaint, the
judge ma Y issue an order, valid for 20 days. If the defendant
cannot bei notifed, the order may be issued without giving him
prior not:rice. The order may, at the complainant's request,
give the complainant the right to correct temporarily the condition
that gave rise to the cruel treatment. The court may also allow
him to take custody of the animal. Twenty days after the temporary
restraining order, the judge must determine the merits of the
case in a trial without a jury. If he finds that cruelty has occurred,
he issues a permanent order.
•
Dog.Fights
8tae and federal law prohibit promoting dog fights.
If the fig14 occurs in North Carolina, the activity is a ra'Ademeanor
punishable by a $500 fine and/or six months in prison. If
a dog was transported to the fight in interstate cokAinerce, sponsoring
or exhibiting the fight becomes a federal offense. " Federal
law also prohibits selling, buying, or transporting aicilog in
interstate licommerce to participate in an animal fight. Finally,
it is illegal to "knowingly" use the mail, tel&raph, telephone,
radio, or television to promote a dog fight. Violations of
the federal law are punishable by a $5,000 fine and/or imprisonment
for one year.
Transportation
G,S S 14-363 provides that conveying arty ani.mal in
a cruel or inhuman manner is a misdemeanor punishable by
a $500 fine and/or imprisonment for six months. Note that the
law does not require a "willful" violation and that it applies
to conveyinlg any animal in a cruel manner. If the defendant
is taken into custody, the officer may place the vehicle and
its contents I in "some safe place." The expenses RO i rinIrr-egz,4
G44
3
COUNTIES
S
153A-127. Abuse of animals.--A county may by ordinance
define and prohibit the abuse of animals. (1973, c. 822,
B. 1Ir.)
Civil Remedy for Protection of Animals
19A-1. Definitions.--For the purposes of this Chapter
[Article) the following definitions of terms shall be applicable:
(1) The terms "animals" and "dumb animals" shall
be held to include every useful living creature
(2) The terms "cruelty" and "cruel treatment" shall -
be held to include every act, omission, or neglect
whereby unjustifiable physical pain, suffering,
or death is caused or permitted; but such term
shall 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, lawful activities
for sport, the production of any livestock or
poultry, or the lawful destruction of any animal
for the purpose of protecting such livestock or
poultry.
(3) The term "person" as used herein shall be held
to include any persons, firm or corporation,
including any nonprofit corporation, such as
a society for the prevention of cruelty to animals.
(1989, c. 831.)
19A-2. Purpose.--It shall be the purpose of this
Chapter [Articlej to provide a civil remedy for the protection
and humane treatment of animals in addition to any Criminal
remedies that are available and it shall be proper in any action
to combine causes of action against one or more defendants
for the protection of one or more animals. A real party in
interest as plaintiff shall be held to include any "person"
as hereinbefore defined even though such person does not
have a possessory interest or ownership right in an animal;
a real party in interest as defendant shall include any person
who owns or has possession of an animal. (1969, c. 831.)
19A-3, injunction.--Upon the filing
of a v I erified complaint in the district court in the county in
which cruelty to an animal has allegedly occurred, the judge
mayi in his discretion, issue a preliminary injunction in accord-
ance with the procedures set forth in G.S G.S . 1A-1, Rule 65.
Every such preliminary injunction. if the comnlainant so
G 4
4
$ 19A-4. Permanent injunction.--In accordance with
G.5. 1A-1, Rule 65, a district court judge in the county in
vfhich the original action was brought shall determine-the
merits of the action by trial without a jury, and upon hearing
sUch evidence as may be presented, shall enter orders as
1:0 deems appropriate, including a permanent injunction or
final determination of the animal's custody.
$ 19A-5. Appointment of animal. cruelty investigators;
term of office; removal; badge; oath; bond.--(a) The board
of county commissioners is authorized to appoint one or more
ailmal cruelty investigators to serve without any compensation
or other employee benefits in his county. In making these
pointments, the board may consider persons nominated
by any society incorporated under North Carolina law for
the preVention of cruelty to animals. Prior to making any
ch appointment, the board of county Commissioners is author-
!
ized to enter into an agreement whereby any necessary expenses
ofl caring for seized ani.mals not collectable pursuant to G.S.
19A-7 may be paid by the animal cruelty investigator or by
any society incorporated under North Carolina law for the
pri evention of cruelty to animals that is willing to bear such
expense.
(b) Animal cruelty investigators shall serve a one-year,
term subject to removal for cause by the board of county commis-
sioners. Animal cruelty investigators shall, while in the
pel rformance of their official duties, wear in plain view a
bdge of a design approved by the board identifying them
as animal cruelty investigators, and provided at no cost to
the county.
(c) Animal cruelty investigators shall take and subscribe
tlae oath of office required of public officials. The oath shall
bp filed with the clerk of superior court. Animal cruelty
investigators shall not be required to post any bond.
Op Upon approval by the board of county commissioners,
the animal cruelty Investigator or investigators may be reim-
bursed for all necessary and actual expenses, to be paid by-
the county.
$ 19A-6. Powers; magistrate's order; ekecution of
order; petition; notice to owner.--Tal Whenever any animal
is being cruelly treated as defined in G.5. 19A-l(2) , an animal
cruelty investigator may file with a magistrate a sworn complaint
requesting an order allowing the investigator to provide suitable
care for and take immediate custody of the animal. The magic -
trate shall issue the order only when he finds probable cause
to believe that the animal is being cruelly treated and that
it is necessArNT fin-I- +1-tra irsmrc.ct+4 - .4.-1... 1-.1_ I er
046
5
(b) The animal cruelty investigator may request a law enforce-
mentlofficer or animal control officer to accompany him to
help him seize the animal. An investigator may forcibly enter
any premises or vehicle when necessary to execute the order
only f he reasonably believes that the premises or vehicle
is unoccupied by any person and that the animal is on the
premises or in the vehicle. Forcible entry shall be used only
when] the animal cruelty investigator is accompanied by a
law einforcement officer. In any case, he must give notice
of his identity and purpose to anyone who may be present
before entering said premises. Forcible entry shall only
be used during the daylight hours,
(c) When he has taken custody of such an animal, the animal
cruelty investigator shall file a complaint pursuant to Article
1 of this Chapter as soon as possible. When he seizes the
anim.4.1, he shall leave with the owner, if known, or affixed
to the premises or vehicle a copy of the magistrate's order
and a ;written notice of a description of the animal, the place
wherd, the animal will be taken, the reason for taking the
animal, and the investigatorie intent to file a complaint in.
district court requesting custody of the animal pursuant to
Article 1 of this Chapter.
(d) Nratwithstanding the provisions of G.S . 7A-305(c) , any
person who commences a proceeding under this Article or
Article 1 of this Chapter shall not be required to pay any court
costs or fees prior to a final judicial determination as provided
in G.SH. 19A-4, at which time those costs shall be paid pursuant
to the provisions of G .S. 6-18.
(e) Any judicial order authorizing forcible entry shall be
issued by a district court judge.
§ 19A-7. Care of seized aniraals.--The investigator
must take any animal he seizes directly to some safe and secure
place and provide suitable care for it. The necessary expenses
of caring for seized animals, including necessary veterinary
care, shall be a charge against the animal's owner and a lien
on the animal to be enforced as provided by G.S S. 44A-4.
§ 19A-8. Interference unlawful.--It shall be a misdemeanor
punishable by a fine of up to two hundred dollars ( 200.00)
or not more than ninety days imprisonment, or both, to interfere
with an animal cruelty investigator in the performance of
his official duties.
5. 19A-9. Educational requirements.--Each animal.
crueltY investigator at his own expense must attend annually
a coure of at least six hours instruction offered by the North
04
6
NOTE: This section is only peripherally relevant to the issue.
Enforcement Personnel
The General Statutes divide the duties of enforcing dog
controlllaws among the health director, the rabies inspector,
and the dog warden. To recognize the duties of these three
professionals, one rule of law must be understood. An officer
who is Vested with a legislative or judicial power may not delegate
that power to others unless there is specific statutory authorization
for that delegation. But one nay delegate functions that are
ministerial or arireirristrative." If a function requires judgment
or discretion, it is considered legislative or judicial. It is ministerial
when it is absolute, certain, and imperative, involving merely'
the execution of a set task and leaving nothing to judgment
or discretion. For example, approving a city plan is a legislative
or judiCial function, but carrying out that plan is ministerial.
Using this distinction, it is important to note that certain tasks
assigned to the various dog control officials are legislative
or judicial and therefore may not be delegated.
The following duties are assigned to the local health director:
(1) To appoint a rabies inspector,
(2) To declare a rabies quarantine when the disease endangers
Ilium/ an life,
(3) Tio declare a rabies campaign, and
(4) To receive notice of persons bitten by animals suspected
of having rabies and to require the confinement of such
animals for a ten-day period.
These duties assigned to the health director by the rabies
control law appear to be legislative or judicial and therefore
may not be delegated.
Counties are authorized to appoint "animal control ofticers"28
(dog wardens) and to fix their salaries and expense allowances.
The couity dog warden, in Counties that have a rabies control
officer, .ssists the rabies control officer in collecting the dog
tax and works under the county health departments sup_Evision.
S 67-31. Powers and duties of dog.warden.--The powers
and dutiles of the county dog warden shall be as follows:
(I) He shall have the power of arrest and be responsi-
ble for the enforcement within his county of
all public and public-local laws pertaining to
the ownership and control of dogs, and shall
cooperate with all other law-enforcement officers
operating within the county in fulfilling this ,
responsibility.
(2) In those counties having a rabies control officer,
the county do z warden shall act as assistant
U4b
- •
7
* North Carol ma Dog Law Manual, UNC, Institute of Government, 1978.
* Supplement to N.C. Dog Law Manual, UNC, Institute of Government, 1981 .
1. Addis & Arnold, The Lower Animals (1884) . For law
review treatment of this topic, see The Catholic Dictionary 1. 384.
See laLso Friend, Animal Cruel Laws: The Case for Reform,
8 UI Rich. L. Rev. 201 (114) .-
2. E. Leavitt, Animals and Their Legal Rights (2d ed. 1370)
3. 1881, c. 34, s.1; c. 368, ss. 1, 15.
4. State v. Dickens, 215 N.C. 303. 305, 1 S.E.2d 837,
838 (1939) •
5. Id.
6. See pages 4-5.
7. State v. Neal, 120 N.C. 613, 27 S .E. 81 (1897) .
8. While killing a dog in similar circumstances would
be lawful, the court found that killing the chickens was unjustified
because the chickens, unlike a dog, could have easily been
impounded rather than killed.
9. State v. Neal, 120 N.C. 613, 620, 27 S.E. 81, 84 (1897) .
10. State v. Fowler, 22 N.C. App. 144, 205 S.E.2d 749
(1974) .
11. N.C. GEN. STAT. ch. 19A.
12. Id. S 14-362.
13. S 2156(a) .
14. Id. at 5 2156(b) .
15. Id. at S 2156(c), (g) (3) .
25, Mugford v. Baltimore, 185 MD. 266, 44 A.2d 745 (1945),
Unionville v. Martin, 95 Mo. App. 28, 68 S.W. 605 (1902);
C. S Rhyne, Municipal Law 5 4-10 (1887)
28. N.C. GEN. STAT. -5--67-30,
i
Motion to Assess Civil Penalty On
Owner of Wild Animal Who
Is Violating County Ordinance
Motion that:
Whereas, "An Ordinance Regulating The Keeping of Wild Animals Dangerous to
i
Persons and Property Within Orange County", Section 6 . Enforcement, Pen-
alties Numjer (2) Civil Penalty, page 10 authorizes the Commissioners to
make or cause to be made a written demand for payment of a penalty by any
person who violates this ordinance ; that such penalty shall be $50,00 per
animal per ay; and, that the violator(s ) have been notified of the exis-
tence and n ture of the violation by certified letter; that,
Therefore, the Commissioners find that since Mr. Charles Younger did promptly
remove his snakes upon receipt of notification of violation of the Ordinance
by certified letter, that he not be subject to civil penalty; that,
However, Mr. Taylor M, Greene III of 208 Green Street , Chapel Hill, continues
to violate the ordinance by keeping wild animals without a permit in
Orange County after notification by certified letter of this violation on
May 7 ; that,
Accordingly, Mr. Greene be assessed the stipulated penalty for keeping as many
as 8 wild animals from May 7 to May 16 (at a potential penalty of $50 X 8
animals X 8 days or $3,200) and that he be additionally penalized, for
keeping as many as 6 wild animals from May 16 until such time as all his
wild animals are removed from Orange County; that the exact daily count
and daily penalty be calculated by the County Manager based upon a deter-
mination of he number animals actually kept by Mr. Greene ; that the
Manager perpare a written demand for payment which sets forth in detail
a description of the violation for which the penalty has been imposed and
the exact penalty assessed; and, that the Manager cause this written de-
mand to be served upon Mr. Greene ,
i
{I' }Number of times the human was bitten and severity varies per incidence. The two most serious cases during the 12 mo:
2 year old girl bitten by a St. Bernard in the face, which required 7k days hospitalization; and a 2 year old boy bi
and arms by a pit bull, which required 8 days hospitalization.
{2 }The number of livestock killed during these incidences Caere. 118 chickens, 45 ducks, 5 peacocks, 5 turkeys, 3 geese,
14 cows, 4 rabbits for a total of 213 animals killed.
Report
Jerry f
Orange
May 16,
DOG PROBLEMS IN
`
UNINCORPORATED
AREAS
OF ORANGE COUNTY
(1)
Incidence of Dog Bitting Human
Incidence of bob; Damaging Property
Incidence of Dog(s) Killing Livestock (2)
incidence of Dog(s) Attacking Other Dog(s)
Incidence of Female Running Loose In Beat
Incidence of Injured Dog In Highway
Incidence of Amuse of Dog(s)
General Complaint and Stray Pick Up
Mar. "82
12
10
3
1
10
7
3
156
1►E.
5
11
3
3
5
4
3
137
Lay
6
17
7
2
9
5
2
179
Julie
16
15
11
6
8
9
5
150
J!
10
6
7
5
2
4
5
_183
9
10
8
2
10
4
'2
110
j.
11
6
3
3
7
5
2
:130
"Oct
11
17
5
2
I1
11
4
84
Nov.
10
7
3
3
9
6
4
104
Total
202
171
227
220
222
155
167
145
146
{I' }Number of times the human was bitten and severity varies per incidence. The two most serious cases during the 12 mo:
2 year old girl bitten by a St. Bernard in the face, which required 7k days hospitalization; and a 2 year old boy bi
and arms by a pit bull, which required 8 days hospitalization.
{2 }The number of livestock killed during these incidences Caere. 118 chickens, 45 ducks, 5 peacocks, 5 turkeys, 3 geese,
14 cows, 4 rabbits for a total of 213 animals killed.
Report
Jerry f
Orange
May 16,
(1' }Number of times the human was bitten and severity varies per incidence. The two most serious cases during the 12 mon
2 year old girl bitten by a St. Bernard in the .Face, which required 7z days hospitalization; and a 2 year old boy bit
and arms by a pit bull, which required 8 days hospitalization.
(2) The number of livestock milled during these incidences were; 118 chickens, 45 ducks; 5 peacocks, 5 turkeys, 3 geese,
14 cows, 4 rabbits for a total of 213 animals killed.
Report
.ferry Rt
Orange I
May 16,
6
DOCK PROBLEMS IN
UNINCORPORATED
AREAS
OF ORANGE.
COUNTY
Mar. '82
Apr.
May
Julie
Jul
A!�
Sept.
Oct.
Nov.
Incidence
of
Dog Bitting Humankl)
12
6
16
10
9
it
11
10
Incidence
of
Dog Damaging Property
10
11
1;
15
6
10
6
17
7
Incidence
of
Dog(s) Killing Livestock (2)
3
3
7
11
?
8
3
5
3
Incidence
of
Dog(s) Attacking Other Dogs)
1
3
2
6
5
2
3
2
3
Incidence
of
Female Running Loose In Beat
10
5
9
8
2
10
7
11
9
Incidence
of
Injured Dog In Highway
7
4
5
9
4
4
5
1l
6
Incidence
of
Amuse of Dog(s)
3
3
2
5
5
2
2
4
t}
General Complaint and Stray Pick Up
156
137
179
150
183
110
,130
84
1fll}
Total
202
171
227
220
222
155
167
145
146
(1' }Number of times the human was bitten and severity varies per incidence. The two most serious cases during the 12 mon
2 year old girl bitten by a St. Bernard in the .Face, which required 7z days hospitalization; and a 2 year old boy bit
and arms by a pit bull, which required 8 days hospitalization.
(2) The number of livestock milled during these incidences were; 118 chickens, 45 ducks; 5 peacocks, 5 turkeys, 3 geese,
14 cows, 4 rabbits for a total of 213 animals killed.
Report
.ferry Rt
Orange I
May 16,
6
Motion to Assess Civil Penalty On
Owner of Wild Animal Who
Is Violating County Ordinance
Motion that:
Whereas, "An Ordinance Regulating The Keeping of Wild Animals Dangerous to
Persons and Property Within Orange County", Section 6. Enforcement, Pen-
alties Number (2) Civil Penalty, page 10 authorizes the Commissioners to
make or cause to be made a written demand for payment of a penalty by any
person who violates this ordinance ; that such penalty shall be $50.00 per
animal per day; and, that the violator(s) have been notified of the exis-
tence and nature of the violation by certified letter; that,
Therefore, the Crmmissioners find that since Mr. Charles Younger did promptly
remove his snakes upon receipt of notification of violation of the Ordinance
by certifier letter, that he not be subject to civil penalty; that,
However, Mr . Taylor M. Greene III of 208 Green Street, Chapel Hill, continues
to violate the ordinance by keeping wild animals without a permit in
Orange County after notification by certified letter of this violation on
May 7 ; that
Accordingly, Mr. Greene be assessed the stipulated penalty for keeping as many
as 8 wild animals from May 7 to May 16 (at a potential penalty of $50 X 8
animals X 8 days or $3,200) and that he be additionally penalized, for
keeping as many as 6 wild animals from May 16 until such time as all his
wild animals are removed from Orange County; that the exact daily count
and daily penalty be calculated by the County Manager based upon a deter-
mination oflthe number animals actually kept by Mr. Greene; that the
Manager perpare a written demand for payment which sets forth in detail
a description of the violation for which the penalty has been imposed and
the exact penalty assessed; and, that the Manager cause this written de-
mand to be s-rved upon Mr. Greene .
•
ORANE COUNTY
BOARD OF COZ-NISSION&RS Action P..grIcl
AE!!Item No..
ACTION AGENDA ITEM ABSTRACT
rumaTKG DATE May 17, 1983
Subject: Road Name Changes -Damascus Church Road and Poythress Road
yes X
[-DeSmIZ-tnez;t:_ Planning__
Informatixxl Contact: Marvin Collins
Attadrunet(S) : Petition of property
owners; map.
Pl-melltaa -r: (919)_732-8181 Extension 346
puRposE: To call a public hearing to consider changing the following road names:
(1) Poythress Road from existing Damascus Church Road (S.R. 1940) to Smith Level
Road (Silt. 1919) - Proposed change to Damascus Church Road.
(2) S.R. 1939 (Southern portion of existing Poythress Road) from Damascus Church
Road (S.R. 1940) to Chatham County line - Proposed change to Meachum Road.
NEED: In March of 1.980, the_Board of County Commissioners named the northern portion of
Damascus Chqch Road to Poythress Road based on the recommendation of the Road
Naming Advisory Committee (RONAC). The recommendation of RONAC was based on the
section number designation and visual inspection of county maps rather than an
on-site inspection.
Subsequently, fire and emergency personnel experienced difficulty in responding to
calls for assistance because local residents still referred to that section of
road as Damascus Church Road rather than the new Poythress Road. Local residents
became concerned and submitted a petition to RONAC, requesting that the name
be changed back to Damascus Church Road.
In July of. 1q82, RONAC recommended changing the northern portion of Poythress Road
back to Damascus Church Road and naming the southern portion of Poythress Road to
Meachum Road to match up with the name assigned to the same road in Chatham County
RONAC suggested holding off on a public hearing until other road name changes
were requested and several could be considered at one time.
IMPACT: Changing the road names as proposed would address the concerns of local
residents as well as resolve those problems being experienced by fire and
emergency personnel.
G.S. 153A-249 requires that a public hearing be held and that a notice
identifying the time, place and subject matter of the hearing be posted in at
lash thre.a 61) nlorac olnInr, rho .s.-^oA(c) n4- 1,n,h lin\
,..t
' ■
..—
Date IssueA: b.:-/0 - OZ • Date 1Zeclvd by P.ONAC: 05(
, _, •- \f„DN ,
•. 1\ ROAD NAME PETITION
To the Orange County Board of Commissioners: .-' s P..(,),•--
.... ....-----
We, the undersigned, request the Board to consider naming the road,
identified on the official Orange County Road Map, prepared by N.C. Department
of Transportation, as S.R. number /9.” in OMAPEL- 111/2j_____
._.... (Number) (Name)
Township(s) , in (.)101-1 oem6E Fire District(s) , and running
,
(Name) (Direction)
from S.R. number i go and terminating at S.R. /q40 , the
(Number) (Number)
f011owing name:* DA-Ail A at 5 al-iala:fi 12-0A L)
SIGNEES Address Tax Nap .11 Block Lot
* j irati V1a144C6 h) 9f5. kfittkutsit 0 117
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11 Od 7
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' 4.),), ,• .4” -y),) z,fA;256 0.,5
...... *II .0 .
119 ii//14
4, , ,, -&71.:,/11 Z£u% /
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ORANGE COUNTY
BOARD OF COMNESSIONESS Action Agenda
AMON AGENDA nag ABSTMCII Item No
PffiErIM DATE MAY 17, 1983
Subject: ORANGE COUNTY ECONOMIC DEVELOPMENT COMMISSION
•
Department; BOARD dF COMMISSIONERS I Public Hearing:
yes x no
-
Attachment(s) : Information OontAct: CLERK TO THE BOARD
NO OR RICHARD E. WHITTED, Chair of the Board
Phone NuMber:732-8181 ext. 505
-
PURPOSE: To consider appointing members to this Commission.
NEED: The Orange County Board of Commissioners adopted the Resolution establishing
the Orange County Economic Development Commission on December 14, 1982.
According to the Resolution, the Commission shall be composed of nine members:
one each recommended from the Towns of Carrboro, Chapel Hill, Hillsborough and
Mebane; one recommended from the two Chambers of Commerce in the County; and
the remaining four members directly from the Board of Commissioners. Of those
four County 4ppoinreeS one must serve on the Industrial Facilities and Pollution
Control Bonding Authority.
The recommended appointees from the Towns and Chambers are:
Carrboro—lorman Weatherly
Chapel Hill--Dennis Howell
Hillsborough—Fred Cates
Mebane--H.R. Hupman, Sr.
Chambers of Commerce--Richard K. Sharpless
The Board of Commissioners has completed its review process and has narrowed
its selection to nine candidates. They are:
Ed Bergman JOhn Gastineau
Moses Careyi, Jr. George Johnson
Pat Crawford Peggy McCarthy
Turner Forrest John McKee
Elaine Parker
Of these nine, both Mr. Bergman and Mr. Gastineau are also members of the
Industrial Authority.
RECOMMENDATION: The Board should appoint members to the Orange County Eronomir
ORANGE COUNTY 054
BOARD OF COMMISSIONERS Action Agenda
ACTION AGENDA ITEM ABSTRACT Item No.11111110
MEETING DATE MAY 17, 1983
abject: LEGAL SERVICES--CHILD SUPPORT ENFORCEMENT
lEePartMent: COUNTY MANAGER 1 1 Public Hearing: yes xXno
At - - t s : Information contact: MANAGER, Ken Thompson
YES, CONTRACT
Phone NUMber: 732-8181 ext. 505
PURPOSE: To consider renewing the contract for legal services for the County's
Child Support Enforcement Program.
NEED: Last year the State IV-D office allotted $45.00 per hour for Attorney's
fees and the Board approved a contract with the firm of Coleman,
BernholZ, Dickerson, Bernholz, Gledhill & Hargrave to provide legal
services for this program at that rate.
The present contract expires June 30, 1983; renewal of the contract
would provide these services at the same rate as this year.
IMPACT: Seventy-five percent of all Child Enforcement Program operation
expenses are reimbursed by the State.
RECOMMENDATION:
Approvali.
I
I
. - -
1
NORTH CAROLINA
ORANGE COUNTY
THIS AGREEMENT, made and entered into the 1st day of July, 1983, by
and between i.OLEMAN, BERNHOLZ, DICKERSON, BERNHOLZ, GLEDHILL AND
HARGRAVE, ttorneys at law, Orange County, North Carolina, hereinafter referred
to as ATTORNEYS, and ORANGE COUNTY, North Carolina, hereinafter referred to
as COUNTY:
WITNESSETH:
WHEREAS, the COUNTY has need for legal services not otherwise
provided by the ATTORNEYS or other County agencies, in connection with matters
which arise out of the COUNTY'S administration of the Child Su•Dort Enforcement
Title IV-D of the Social Security Act under Article 9, Chapter 110 of the
North Carolina General Statutes Section 110-128 et sNJ and
WHEREAS, it is the desire of the COUNTY to enter into an agreement
of employment with the ATTORNEYS for the performance of such services that
I
shall be re4uired by the COUNTY from time-to-time for the Child Support
1
Enforcement I Program; and
W EREAS, the ATTORNEYS have agreed to represent the COUNTY as
is hereinafter provided for a term extending from and after the date of this
agreement to and including June 30, 19 8 4;
NOW, THEREFORE, for and in consideration of the mutual terms and
agreements hereinafter set forth, the COUNTY and the ATTORNEYS do contract,
each with the other, as follows:
G5
.. „.
COLEMAN, BERNHOLZ., DICKERSON,
BERNHOL.Z, GLEDHILL,& HARGRAVE
A I-TORNEYS Al LAW
110 Cf IURION STREET
HILLSBOROUGH N C 27278
919-732•2196
919-942-8000
C1-4,m■cl HILL Orno:
S11111 ZR FRANK'IN BIM DING
137 E FRAI.:KI IN STREET
CHAPEI HI1.1 N C V.F,1/1
019 9:'')7151
ALONZO Li C:01 EMAN Jli
STEVEN A BF:MI[012 April 27, 1983
()CAI I)R EACURSON
ROGER Ii Iihkt,A101:/.
GEOFEREY E GI.1:01111.1
IN)11(,l.AS I1Alit;WWI:
MARTIN,I.liERNI IDI Z
WILI 1.^.1,1 H BREEZE )11 Mr. Ridhard E. Whitted, Chairman
Mr. Berli Lloyd
1
BONNER I) SAWYER Ms. Shirley Marshall
f i'llre PIT4i Mr. No'man Walker
Mr. Don Willhoit
Orange County Board of Commissioners
Orange County Courthouse
106 Margaret Lane
Hillsborrugh, North Carolina 27278
Re: Legal Services - Child Support Enforcement
Dear Commissioners:
Enclosed is a proposed contract between Orange County and
Coleman, Bernholz, Dickerson, Bernholz, Gledhill and Hargrave covering
legal sbrvices for the County's Child Support Enforcement Program
from July 1, 1983 through June 30, 1984.
Very truly yours,
1111P.409 '
Vffr7EledIi ill
GEG/jac
Enclosure
cc: Mr Kenneth Thompson
M . Janet Sparks
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, ■
NORTH CAROLINA
I
1
ORANGE COUNTY
THIS AGREEMENT, made and entered into the 1st day of July, 1983, by
1
and between COLEMAN, BERNHOLZ, DICKERSON, BERNHOLZ, GLEDHILL AND
HARGRAVE, attorneys at law, Orange County, North Carolina, hereinafter referred
to as ATTORNEYS, and ORANGE COUNTY, North Carolina, hereinafter referred to
as COUNTY:
WITNESSETH:
WHE 1 EAS, the COUNTY has need for legal services not otherwise
provided by the ATTORNEYS or other County agencies, in connection with matters
which arise out of the COUNTY's administration of the Child Support Enforcement
Pro3,Tam, Title IV-D of the Social Security Act under Article 9, Chapter 110 of the
North Carolina General Statutes Section 110-128 et s ; and
1
WHEREAS, it is the desire of the COUNTY to enter into an agreement
of employment with the ATTORNEYS for the performance of such services that
shall be required by the COUNTY from time-to-time for the Child Support
1
Enforcement Proram; and
WHEREAS, the ATTORNEYS have agreed to represent the COUNTY as.
1 ..
is hereinafter pr?vided for a term extending from and after the date of this
agreement to and including June 30, 1984;
).1(' Tat ran...*-r•*,-*-,-.— - — -.
G5
I. The ATTORNEYS shall perform such services and render such advise
to the fl(V1Ty such oct!asions as shall be required to properly and adequately
represent the COUNTY in its administration of the Child Sup•ort Enforcement
Program.
2. The ATTORNEYS shall be compensated for all services rendered in
connection with paragraph number I above based on an hourly rate for services
rendered of Fo ty-Five and No/100 Dollars ($45.00), such hours and amounts to be
furnished to the County Finance Officer for payment. The COUNTY shell he
responsible for all costs and expenses incurred in the performance of the services
rendered the COUNTY in connection with the Child support Enforcement Program.
All costs and expenses advanced by the ATTORNEYS on behalf of COUNTY shell
be reimbursed to ATTORNEYS.
3. The ATTORNEYS shall keep an itemized record of work performed
for the COUNTY in connection with the Child Support Enforcement Program on a
case-by-case bas s and shall submit its bill therefor showing a breakdown of those
services renderel on a case-by-case basis.
4. The ATTORNEYS may, from time to time, be awarded attorney's
fees by the Court for representation of the COUNTY in the Child Support
Enforcement Program. In the event the Court makes such an award the
ATTORNEYS shall account to the COUNTY for all such attorney's fees received as
a result of a Court order. Such accounting shall be on a case-by-case basis.
5. Recognizing that from time to time representation of the COUNTY
by the ATTORNEYS may result in a conflict of interest for the ATTORNEYS, it is
agreed that when' such a conflim pricac t hos h rrvrevn rssr•-■
ebb
•
to which the case is referred shall be compensated in the same manner as specified
in paragraph 2 above, and shall keep an itemized record of work performed for the
COUNTY on a case-by-case basis, submitting a bill therefor showing a breakdown
of services performed on a ease-by-case basis as specified in paragraph 3. In the
event such an attorney is awarded counsel fees by the Court in this regard, an
accounting shall be made to the COUNTY in the same manner as provided for in
paragraph 4 above.
6. This agreement shall exist and continue from the date hereof to
June 30, l984, at which time the parties shall be free to renegotiate this
agreement and ip I (Ally the same as the existing conditions may dictate.
IN WITNESS WHEREOF, the COUNTY and the ATTORNEYS have
hereunto signed this agreement in duplicate originals, one of which is retained by
each party hereto and either of which is sufficient as the original.
ORANGE COUNTY, NORTH CAROLINA
BY:
Richard E. Whitted
Chairman
ATTEST
Paulette Pr dgen-Pond
Clerk to the Board of Commissioners
(SEAL)
('nT PM )3 Pt 7:3 T T-TrN T r7 Tm-,
vad
This instrument has been preaudited in the nn
by the %liVoul Government Budget and Fiscal Control Act. mnoer required
• '-----'---'------
Orange County Finance Officer
ORANGE COUNTY
BOARD OF COMMISSIONERS Action Agenda
ACTION AGEMA ITEM ABSTRACT Item lb. E•14
MEETING DATE MAY 2, 1983
Subject: FRANCHISE AND CERTIFICATION FOR EMERGENCY MEDICAL SERVICES
Department: T " ' - 1 Public HearIng:
Attactment(s) : Information Contact:
NO Bobby Baker
(refer to 4/19/83 age da packet) Phone Number: 929-8109/732-8161
PURPOSE: To allow for the regulation and adMinistration of Emergency Medical Services
within Orange County as provided by Ordinance.
- -
NEED: Per the County's EMS Ordinance, adopted March 2, 1981, emergency and con-
valescent providers are to receive authorization to provide services within
the County pending approval of a satisfactory application. Approval is based
on determination of a satisfactory level of service being provided and the
public necessity being met. A certificate grants the right to regularly
respond to requests for emergency aid and assistance; and to administer
medical aid land assistance to patients in emergency medical situations. A
franchise grhnts the right to operate ambulances within Orange County for
patient tratportation.
Certificates and Franchises -were approved by the Board on
April 19 , 1983 , in a regularly scheduled meeting. Franchises
require two adoptions , in consecutive meetings under NC Statutes .
On May 2 , 1983 , the Board amended the Franchises and Certificates
to impose a limit of five years on each Franchise and Certificate
issued . Therefore , this will need to be adopted for the second
time at this meeting .
IMPACT: All persons providing emergency aid and assistance and/or transportation of
patients within Orange County would require a certificate, a franchise or
both granted by the Orange County Board of Commissioners.
RECOMMENDATIONS:
1. Issue franchises and certificates to South Orange and Orange County
Rescue Squads for the authorization to administer emergency medical
("Aro AnA i-r=nrrInv.+
ORANCE COUNTY
BOARD OF OOMMISSIONEES Action Agenda
ACTION AGmpi. rrEm ABSTRACT Item No. 110 Ill
MEETING DATE May 17, 1983
Subject: Budget Work Session Calendar
Department: oun y 7-nager - 1 Public Hearing: yes x noj
Attachments) : Information Contact:
No County Manager's Office
Phone Number: 732-8181 ext. 501
------
PURPCGE: To consider establishing a schedule for departmental and agency budget work
sessions ad to determine if there is a desire to have work sessions in
locations other than Hillsborough.
NEED: The proposed budget includes requested and recommended amounts. While the
narratives on each department explain changes, work sessions will afford
further information and answers to Board members questions.
Public HealIng on the budget is scheduled for June 1 and Budget Adoption
for June 21 , 1983.
IMPACT: To give advance notice in order that department and agency heads may be
prepared to' make any presentations at their appointed times.
RECOMMENDATION(S) :
Q 6
ORANGE COUNTY
BOARD OF COMMISSIONERS Action Agenda
E11ACTION AGENDA ITEM ABSTRACT Item ND. 4
- •
MEETDIG DATE May 17, 1983
Subject: Budget Amen ment
Department: Finance1 1 Public Bearing; - - yes X no 1
Attachmentfgr: Yes 1 informatIEE Contact:--Rinna Clayton
----- - — Phone Number: 495
—
PURPOSE: To consider proposed budget amendment.
NEM: General Fund:
1) To budget for additional Title X allocation.
2) To budget for additional Social Services Program mid-year allocation.
IMPACT; General Fund
1) Amendment will increase funds available in Health-Family Planning.
2) Amendment will increase funds available in Social Services-Subsidy Programs.
No additional county match is required.
1413
ORANGE COUNTY
PROPOSED
1982-83 BUDGET AMENDMENT
The 1982-83 Budget Ordinance of Orange County as adopted on June 22, 1982,
and subsequently amended, is hereby amended as follows:
General Fund:
1) Appropriation:
Health $ 4,000.
Source:
Health- amily Planning Grant $ 4,000.
To budget for additional funds made available for Health-Family Planning.
2) Appropriation:
Social Services $12,000.
Social Services 13,400.
$25,400.
Source:
Social Services-Subsidy Program $12,000.
Social Services-Subsidy Program 13,400.
$25,400.
To budget for additional mid-year funds available for Social Services-
Subsidy Programs.
COLEMAN, BERNHOI2, DICKERSON,
ERNHOLZ, GLEDHILiL& HARGRAVE
ATTORNEYS Al LAW
110 CHUR TON STREET
HILLSBOROUGH,NC., 27278
919-732-2196
919-942-8000
CHAPEL HILL OFFICE
SUITE 20.FRANKLIN BUILDING
137 E.FRANKLIN STREET
CHAPEL HILL.NC 27514
919-929.7151
ALON2013 COLEMAN JR
STEVEN A.BERNHOLZ
April 27, 1983
DONALD R.DICKERSON
ROGER B.BERNHOLZ
GEOFFREY E GLEDHILL
DOUGLAS HARGRAVE
MAR11N J.BERNHOLZ
WILIIA/411 BREEZE JR Mr. RiChard E. Whitted, Chairman
Of Counsel Mr. Ben Lloyd
BONNER D SAWYER Ms. Shirley Marshall
(19021972) Mr. Norman Walker
Mr. Don Willhoit
Orange County Board of Commissioners
Orange County Courthouse
106 Margaret Lane
HilLsbordugh, North Carolina 27278
Re: Legal Services - Child Support Enforcement
Dear Commissioners:
Enclosed is a proposed contract between Orange County and
Colemar , Bernholz, Dickerson, Bernholz, Gledhill and Hargrave covering
legal services for the County's Child Support Enforcement Program
from July 1, 1983 through June 30, 1984.
Very truly yours,
164' 4
"Iffrey . Gledhill
GEG/jac !
Enclosure
cc: Mr. ;Kenneth Thompson
Ms.' Janet Sparks
/Ogr
Cedar Grove Day Care Center
P.O. o;( 35
Cedar Grove , North Carolina 27231
May 2, 1983
Commissioner Richard E. Whitted
128 West Union Street
Hillsborough, North Carolina 27278
Dear Commissioner Whitted:
This letter is in regard to the vacantcafeterizi at Cedar Grove Multipurpose Centor
The Board of Directors of the Cedar Grove Day Care Center would like to express our
need to have use (4 this facility.
Presently, we are catering our lunches from Orange County Schools at $1.00
per lunch. This necessitates traveling eighteen miles daily to pick up lunches from
Efland-Cheeks School. When the school close for summer vacation we will have to
prepare our lunchds in the classrooms. Our classrooms are not equipped to handle
this therefore forcing us to contract with Chapel Hill-Carrboro Schools for the
summer. Cedar Grove Day Care is a small program with few financial resources. The
driving distance to Chapel Hill each day (approximately 40 miles) creates several
financial burdens. The money and time used for travel could he used for other
equipment and progromming needed to main[ain thv of d:iy care we provide to
low inc )11I3 rural , working familiei; .
Cedar Grove DO CaLe is a Full year term program needing the use oF this kitchen
which would afford us the convenience of feeding our children without relying on
other food services. We will work cooperatively with any other program using this
facility.
Your attention in this matter is greatly appreciated.
Sincerely,
,r1
Nancy Tapp, Director
Cedar Grove Day Care Center
• aki Green, President
Board of Directors for Cedar Crove Day
Care Center
cc: All County Commissioners
Ken Thompson, County Manager