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MINUTES ORANGE COUNTY BOARD OF HEALTH January 25, 2001 Board of Health Minutes Transcription completed by V. Anne Miles 2 January 25, 2001 There was discussion concerning whether the Board could approve a well that was designated as "non-potable" for purposes other than human consumption. The current Board of Health rules do not allow alternate designations for wells. The hearing committee has asked staff to prepare a study paper for the Animal Control and Environmental Health Committee to consider whether a new rule or modification to the current rule is advisable. Mr. Rimer asked whether a decision on the Shanley's appeal could be postponed pending the possible development of a new rule. Dr. Summers reminded the Board that the decision on this appeal should be made on the rule that was/is in effect at the time the staff decision was made to deny the permit. If a new rule is implemented, the Shanley's could re-apply for a permit under the new rule. The appeals process in this type of matter is for the Board to consider whether the staff is interpreting and applying the rules correctly. The Board has the authority to affirm, modify or reverse the staff decision according to NCGS § 130A-24. Motion was made to deny the appeal by Alan Rimer, seconded by Martha Stucker, and carried with Mel Hurston dissenting. III. Public Comment for Items NOT on Printed Agenda None IV. Discussion Items/Reports A. Animal Control and Environmental Health Committee 1. Amendment to "Ordinance Prohibiting the Keeping of Wild Animals Dangerous to Persons and Property in Orange County" The committee reviewed the current ordinance prohibiting the keeping of wild animals dangerous to persons and properties within Orange County as part of its work in examining the potential ban on the display of wild and exotic animals. This ordinance was first passed in 1983 and has not been reviewed since that passage. The Animal Control and Environmental Health Committee found the language in the ordinance pertaining to permitting the keeping of such animals during the ordinance’s phase in period and the accompanying language on structures and enclosures that accompanied the permits to be confusing. That language had been included in the ordinance in order to allow those residents whom already owned such animals to continue to keep the animals until they died or the residents moved from the county. No permits are currently on file or valid under the provisions of the 1983 ordinance. The county attorney’s office reviewed the Committee’s request and drafted the amended ordinance as presented. The amended ordinance strikes all language pertaining to permitting and physical enclosures. This clarifies that the keeping of wild animals dangerous to persons and property within