Minutes 12-15-2015 - Laserfiche WebLink

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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. Commissioner Price asked if one must first be an employee or could one be hired to fill this role. Bob Marotto said one could be hired as a County employee to fill the position. He said cruelty investigator is a designation in the North Carolina General Statute. Commissioner Rich said she has concerns about the appeals process, noting two ASAB members sit on the panel. She asked if it would be possible to separate what the Board members do on the ASAB from their role on the appeals panel. She asked if there is a conflict of interest. John Roberts said individuals serving on the ASAB are favorable for serving on the appeals panel since they are familiar with the ordinance, instead of a random person. Commissioner Rich said she is still uncomfortable with this make up of the appeals board. Annette Moore said she did some research about what other entities are doing and John Roberts is correct that ASAB members have specialized knowledge, such as being a veterinarian. She said these individuals can also get the training to have technical knowledge of