Agenda - 01-21-2016 - 7-a - Unified Animal Control Ordinance

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109 EXCERPT FROM DRAFT MINUTES OF THE 12/15/15 BOCC REGULAR MEETING Bob Marotto said this is a valuable step forward in making Orange County's animals laws. He said it is not perfect, and can be re-visited at anytime. PUBLIC COMMENT: Dr. Susan Elmore, Member of the Animal Services Advisory Board (ASAB), said the UAO first came to their board in 2013 as a draft, and she recognized the hard work of the attorney's office. She said the ASAB provided input and also received input from stakeholders, the University of North Carolina (UNC), and the Board of County Commissioners. She said it has been a process, and everyone involved has done due diligence. She said it is not a perfect document, but can be amended as needed going forward, and is a great improvement of the process currently in place. Michelle Walker said she had served as either Chair or Vice Chair of the ASAB through this process and appreciated the hard work of all the staff involved in reviewing the information to create the current proposed UAO. She said the ASAB made efforts to get input from their public partners. Commissioner Pelissier said she appreciated all of their efforts. She referred to page 149 in the electronic copy, which discusses the appeals process. She asked if it would be practically possible for the Board of County Commissioners to appoint someone to this panel. Annette Moore suggested that the Board would designate someone ahead of time. She said if the issue is in the county, then that person would be from the County, while the third person would be from the area in question. Commissioner Pelissier asked if the Board would follow the same boards and commissions' applicant process. Annette Moore said yes and suggested adding an alternate as well. Commissioner Price said she had several concerns. She said she is concerned with giving sole discretion to one person. Annette Moore said the sections that include discretion also have appeal processes attached to them. Commissioner Price said she understood that an example of sole discretion could be destroying an animal prior the appeals process. Annette Moore said destroying an animal is always a last resort. Commissioner Price referred to page 26 of the hard copy where Section h-2 and 3 say an animal can be destroyed. Bob Marotto said there is not any intention to give the Animal Services Director unmeasured power. He said discretion is subject to judicial review as well as the appeal process. He said the administering of this code will be done most judiciously to insure public safety but not by destroying an animal prior to a judicial process. Commissioner Price asked if there is a specific purpose for the microchip and if the public can decline it. Bob Marotto said there was one complaint circulated in an email and there was a sustained response to that concern that noted the absence of medical complications of a microchip. Bob Marotto said the only exception would be a medical opinion that implanting the chip would be detrimental to an animal. He said the chip is for identification for both the owners and Animal Services. Commissioner Price referred to Section 4.33 and asked if there could be clarification of the statement, "only Orange County employees shall be designated as an animal cruelty investigator." Annette Moore said the statute allows for the designation of non-employees to be animal cruelty investigators and she said the County will only allow employees to fill this role.