Agenda - 10-01-2013 - 7a - Laserfiche WebLink

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11 from the School of Government. He said that he realizes that the farm animals can be destructive, but they are not the only animals that can damage a car on the road. Bob Marotto said that the farm animals issue was brought to the ASAB several years ago, and it was carefully studied. This was followed by the development of a set of recommendations for the Board of County Commissioners that preceded this one. He said he realizes that there are several large animals that can cause harm, but this issue involved litigation and assessment of a policy issue. He said this history is an important part of the process that needs to be recognized. Annette Moore said that the board thought about not filling the gaps, such as the appeal process. However, it was felt that this was one of several glaring missing pieces. She said the same is true of the issue of trespass, and that is why these gaps were filled. Commissioner McKee said he knows there will be gaps; however it should have been consolidated and then each individual gap addressed after the consolidation, not before. This would have made it clear to the public. He said the fact that this wasn't done makes it impossible for him to support this. This would mean supporting not just the consolidation document, but also new recommendations and regulations. Commissioner Price referenced the section regarding penalties and spay /neutering for animals picked up by animal services. She said she understands the overpopulation issue, but she does not understand the 'correlation between an animal that strays and the practice of spaying /neutering without owner consent. Bob Marotto said that the correlation is that reproduction can occur in the case of unattended animals. He said it is not a requirement of the proposal that the animal be spayed or neutered, but it is a requirement that the owner put down a deposit that is refundable if the procedure is done within a 60 day period. He said this also allows for education to the owner regarding the available services and the benefits. Commissioner Rich asked about the criteria for classification of vicious and dangerous dogs. Bob Marotto said the decision is made in accordance with the criteria set in law and the totality of the circumstances and facts of the case. He said there is a review conducted when a report is made and an investigation is done in accordance with a set of standards. Commissioner Rich asked about the appeal process. Bob Marotto said the NC General statute gives a general appeal to the owner of a dog declared "potentially dangerous ", but there is no appeal for a dog declared "dangerous." He said that the proposal this evening is the first appeal process in an ordinance. This has been created in this ordinance out of concern for the necessity of due process and checks and balances. Commissioner Pelissier said she appreciates the work that has been done. She said the point made about definitions being deleted is valid and definitions need to be made up front. She said she does have a concern about the farm animals, as she does not want to send the wrong message to farmers in rural Orange County. She said that escaped cows are not an uncommon occurrence and this is not something farmers want. She is concerned and would like to see this issue reexamined. Chair Jacobs said the he has decided to defer the closed session to the June 11th work session. He also deferred the Work Group and Charge for an Assessment of Jail Alternative Programs to the June 18th BOCC Meeting. Chair Jacobs suggested staff should highlight the gaps and to come back to the Board, addressing the points the public made and why the board agrees or disagrees with these points. He said there were valid arguments made, and he could not decide on a direction at this point. He said this should come back on the 18th and he said the official schedule will be decided at agenda review. He said that this will not get the go ahead until September. Bob Marotto said the recommended amendment changes for animal recovery are part of the Animal Services recommended budget and he asked if these can be considered separately. Frank Clifton said there is a proposal in the budget where Carrboro has asked the County to absorb its animal control operations. He said some of these changes may be a result of that and the town of Carrboro will have to be dealt with in this process. Bob Marotto said that services can begin to be delivered in Carrboro on July 1 without the changes, but this will be done under 2 or 3 different ordinances until the single ordinance is established throughout the County.