MINUTES
STATE
OF NORTH CAROLINA BOARD OF COMMISSIONERS
COUNTY
OF HENDERSON MAY 20, 2003
The Henderson County
Board of Commissioners met for a special called meeting at 7:00 p.m. in the
Kaplan Auditorium at the Henderson County Library on Washington Street.
Those present were: Chairman Grady Hawkins, Vice-Chairman Larry
Young, Commissioner Bill Moyer, Commissioner Charlie Messer, Commissioner
Shannon Baldwin, County Manager David
E. Nicholson, County Attorney Angela S. Beeker, and Clerk to the Board
Elizabeth W. Corn.
Also present were:
Assistant County Attorney Russ Burrell, Robert Smith and Tom Bridges from the
Public Health Department, and Brenda Miller from the Animal Shelter. Dr. Chapman, Chairman of the Board of
Health, was also present.
CALL TO ORDER/WELCOME
Chairman Hawkins called
the meeting to order and welcomed all in attendance. He informed those in
attendance that last fall the Board of Health made a recommendation to the
Board of Commissioners with three phases.
Phase I was to enact and implement a new basic Animal Service Ordinance. He recognized Dr. Chapman, Chairman of the
Board of Health, to discuss the Board of Health recommendation.
Chairman Hawkins made
the motion for the Board to go into public hearing at 7:08 p.m. All voted in favor and the motion carried.
ORDINANCE OVERVIEW
Dr. Chapman reminded
those present that it is the mission of Henderson County Animal Services to
enhance the health and safety of all citizens in Henderson County by improving
the co-existence of animals and humans through an animal service program that
reflects professional concern for responsible pet ownership and the public in
general.
Current Situation
Animal Services now has
the following Animal Services staff:
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One
Animal Control Supervisor
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One
administrative staff member
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Three
persons in field operations
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One
person in shelter operations
This staff has provided
both shelter operations and animal control enforcement for the unincorporated
portion of the county. Recently,
however, it was decided to temporarily enforce the present county Animal Control
Ordinance in the municipalities pending adoption of a new ordinance. This arrangement further strains existing
county animal control services, and requires field officers to interpret
situations in light of conflicting county and municipal ordinances. If municipal control ordinances (Aleash laws@) were actively enforced
by the municipalities that have already enacted them, there would be little or
no need to enforce the county=s current Animal Control Ordinance within such
municipalities. It may be that the domestic
animal population in the county has now reached a critical mass sufficient to
warrant a county control law. This
could reduce much of the problems that drive citizen complaints and it may
provide a segue to cooperative county/municipal animal control services.
At this time the Sheriff=s Department enforces
the noise ordinance, which includes complaints regarding barking dogs. The Sheriff=s Department is also charged with
enforcement of animal abuse matters.
Regarding shelter
operations activities, the NACA report stated that A(a) minimum of 3 staff
members is required each day, solely for performing cleaning and feeding duties@. From the NACA report, many aspects of an
appropriate Animal Services program are not being performed in Henderson County
as recommended. The Board of Health
finds that our Animal Services program has and continues to operate as well as
can be expected at the current funding level.
Our current program is understaffed and under equipped. The current
use of surplus vehicles that are not designed for and do not adequately
meet animal control needs makes job performance all the more difficult. The Animal Control Supervisor should be more
available to communicate with the public, rather than being required to spend
the bulk of her time in the field. If
the new ordinance is passed and funded at current budget levels, the Animal
Services program in Henderson County will continue to be understaffed and under
equipped.
They understand the
current budget crisis but they also realize that Animal Services needs stronger
commitment and support. Citizen
complaints indicate an expectation that Henderson County should provide a
higher level of services than can be provided at present funding levels. The County Commissioners, however, must find
a way to fund the existing program more adequately before adding more service
expectations by adding new ordinance provisions.
Dr. Chapman gave their
vision for the three phases.
OUR VISION
Phase I:
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Enact
and implement a new basic Animal Service Ordinance including a change to
citations and civil penalties as the primary means of enforcement.
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Establish
inter-local agreements clarifying jurisdiction and responsibility with
incorporated areas of the county.
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Improve
safety for Animal Service Officers through continued co-operation with the
Sheriff=s Department and
improved communication from the field.
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Plan
for a new Animal Service Facility including operational goals in the design.
Phase II:
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Construct
a new facility that facilitates expanded services.
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Provide
adequate funding to allow Animal Services to:
Develop
a program & protocol to better deal with injured animals
Reduce
the number of unvaccinated companion animals in our county
Phase III:
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Increase
hours of operation to include evenings and weekends.
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Increase
the percentage of adopted animals.
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Improve
our program for dealing with injured animals, particularly after regular
business hours.
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Increase
the percentage of spayed and neutered animals.
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Reduce
the number of uncontrolled domestic animals.
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Implement
a comprehensive microchip identification program.
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Improve
co-operation with other animal welfare agencies to improve efficiency and
reduce duplication of services.
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Establish
public education program and volunteer support.
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Provide
a better response time for citizen concerns.
Assistant County
Attorney, Russ Burrell, gave a Power Point presentation entitled AHenderson County Animal
Control 2003 - A New Ordinance For Different Times@ which covered the
following:
Problems with the
Current Ordinance
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Current
Ordinance was last revised in 1985
Board of Health Approach
to Creating the Draft Ordinance
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Obtained
a study of the current animal control system.
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Obtained
ordinances from other NC counties.
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Attempted
a systemic approach - to draft an ordinance (only a part of the system)
consistent with
improving
the entire animal control system.
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Draft
ordinance assumes improvements in animal control facilities as well as the
ordinance.
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Board
of Health draft includes a Abasic ordinance@ as well as specific proposals for amendment, if
desired.
Provisions of the Draft
Ordinance
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It
completely repeals and replaces current Chapter 66.
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It
expressly excludes any municipalities. (One of the possible amendments
submitted by the Board of Health adds the municipalities back to the
ordinance.)
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It
sets out the duties of animal control officers and the animal control
supervisor.
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It
makes the collection of civil penalties the primary (but not only) vehicle for
enforcement.
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It
broadens somewhat the definition of Apotentially dangerous dogs@ from the current
statutory definition.
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It
sets restrictions on dangerous/potentially dangerous dogs which are greater
than those imposed by the statute.
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It
sets out hearing procedures for appeals from determinations that a dog is
dangerous/potentially dangerous.
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It
sets out stiff penalties for failure to comply with restrictions on dangerous
dogs.
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It
makes unlawful the deprivation of food, water, necessary medical attention or
appropriate shelter to domestic animals.
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It
sets standards for impoundment of animals including notice to any known owner,
and for the impoundment period. It sets
requirements for redemption of impounded animals and for their adoption
(spay/neuter and microchipping of all adopted animals). It also sets standards for the humane
destruction of unclaimed and unadopted animals. All animals redeemed by the owners must show proof of rabies
vaccination.
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It
does not conflict with statutes regulating, restricting, authorizing or
affecting dogs used in lawful hunting.
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It
requires vaccination of all dogs and cats against rabies, including hybrid
animals.
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It
sets standards for confinement and if necessary seizure of animals which have
bitten a person or shows symptoms of rabies.
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It
sets penalties for failure to comply with vaccination and confinement
requirements.
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It
provides for a fund to hold donations and civil penalties to be used for the
Animal Service Center. (Note, as before
this requires agreement of the Board of Education.)
Mr. Burrell compared the
Current Ordinance with the Health Board Draft Basic Ordinance:
Current
Ordinance Draft
Basic Ordinance
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No
statement of territorial applicability Proposed
ordinance only valid in unincorporated
of ordinance. areas of county.
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No
provision included. Establishes
specific duties for animal control
officers.
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No
provision included. Grants
animal control officers the power to issue
the
citations for civil penalties to violators.
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Makes
it unlawful to interfere Makes
it unlawful to interfere with animal control
with animal control officer. officer and to
conceal an animal for the purpose of
evading
rabies vaccination laws.
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Definition
of Anuisance@ same as Definition of Apublic nuisance@ same as definition
definition of Apublic nuisance@ in of Anuisance@ in existing ordinance
except noise
draft.
ANuisance@ animals required issues expressly
excluded. Illegal to keep an
to be kept Aunder restraint@ as defined animal in a manner constituting
a Apublic
in the ordinance. nuisance@. Confinement may be
ordered as well as abatement of nuisance.
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Impoundment Impoundment
No spay/neuter requirement for Redeemed pets (as
well as all adopted pets) must
redemption. Be spayed or
neutered.
No
adoption allowed of Aaggressive@ or Aunhealthy@ animals.
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Enforcement Enforcement
Criminal penalties for third degree Same penalties for third
degree misdemeanor.
misdemeanor.
Civil penalties limited to $50,000 Civil penalties vary by validation.
Maximum per
per violation (on a per diem basis). penalties proposed.
Possible amendments to
the basic ordinance proposed by the Board of Health were:
#1 Includes
definition and regulation of Aexotic animals@.
#2 Strengthens
the definition of public nuisance.
#3 Requires
dogs to be under restraint when off their owner=s property. Creates $50 penalty for failure to have dog under restraint.
#4 Adds
the option for owners to have unwanted dogs and cats picked up by Animal
Service Officers, for a fee.
#5 Requires
persons who injure a domesticated animal to notify the owner or the Animal
Service Center or law enforcement.
#6 Defines
and regulates Asecurity dogs@.
#7 Creates
a tax on dogs and cats with an additional tax on dogs or cats which have not
been neutered or spayed. Also creates a
kennel/cattery tax allowing lower per animal taxation for such businesses but
limiting the number of animals and regulating them in other ways.
#8 Requires
dogs and cats to be implanted with a microchip identification device. By implication, dogs or cats without such
devices would be strays and subject to impoundment.
#9 Would
make the ordinance applicable within the incorporated municipalities of
Henderson County.
Mr. Burrell explained
that the current ordinance, adopted in 1985, is outdated given the changes of
the past 18 years. The draft Abasic ordinance@ shows what may be able
to be done without a significant budgetary increase. Draft Aamendments@ provide the Board with
a menu of options with which to meet the future of animal control in the
county.
Public Input
Pat deLemer - Ms. deLemer stated
that the money to fund the new ordinance and animal services should come from
the animal owners. She discussed the
need for rabies vaccinations and for registering animals. She stated that we needed to implement State
Law. She stated that animals should not
be able to stray and cause problems to their neighbors.
Chairman=s note
Chairman Hawkins asked
that the packet of letters that the Board had received from residents about
this issue up to this date be made a part of this meeting.
Donnie R. Parks - Chief of Police,
Hendersonville Police Department, Donnie Parks reiterated the mission of
Henderson County Animal Services. He
asked the Board to consider the adoption of amendment # 9 as part of the newly
revised ordinance which would mean that the ordinance would be enforced in the
municipalities as well as the county. After all, municipal residents are also county residents said
Parks.
Peter deLemer - Mr. deLemer stated
that animals cannot speak for themselves.
He asked about an implementation timeline, calling it a target or wish
line. He stated that the new draft ordinance
has many penalties and asked that there be some positives or pluses such as
education, leash training, agility training,
and/or socialization classes for animals. He discussed briefly advantages of microchiping and rabies tags.
Diane Clark - Ms. Clark mentioned
the need for education. She favored
strengthening the existing ordinance.
She questioned the number of animals someone could have. The ordinance doesn=t address that. She
stated that an Animal Services Officer should be hired to be on call to deal
with injured animals after hours. She
talked about animals running loose and stressed the need for a leash law.
Jim Walsh - Mr. Walsh is from the
Henderson County Humane Society. He
spoke in favor of registration of animals and stated that spaying and neutering
of animals could change the size of shelter needed, therefore, he felt that
phase III should be looked at along with phase I. He also asked about a timeline.
Richard R. Ristau - Mr. Ristau stated
that he agrees with the enforcement of the control of animals. He stated that
he was recently attacked by a pit bull dog.
The owner was contacted many times.
Mr. Ristau tried to talk to the owner about controlling his animal. He later learned from Animal Control that
the dog was classified as dangerous, that if he attacked again he had the right
to shoot the dog. The dog attacked him
again about 10 months later when he was working in his yard. He got away from the dog and went in the
house. When he went back outside the
dog attacked him once again. He was
ready that time and shot the dog. He
had to pay the expense of proving that he was in the right (hire an
attorney)which cost him $800 or more in legal fees. The owner never reimbursed
him for any medical costs.
Mr. Ristau stated that
this was probably no fault of the dog.
The dog was tormented while tied on a run, children would chase him with
a lawnmower and hit him. He feels that
we need better enforcement of our laws.
Carol Kauppert - Ms. Kauppert stressed
the importance of spaying and neutering, stating that we would not have the
unwanted animals if we had a good spay/neuter program. She stated that we need a provision for
spaying or neutering for people who cannot afford to have it done. Vets charge $75 or more to spay or neuter.
We need a spay/neuter clinic. A good
spay/neuter program may curtail the need for a large shelter.
Mary Dunn - Ms. Dunn quoted
reproduction statistics, stating that in seven years two dogs can reproduce
resulting in 4,372 offspring. Two cats
in four years can reproduce resulting in 20,736 offspring. How many of those animals are
destroyed? She feels that the new
ordinance will result in a lot of dead animals and in a lot of Aspite@ suits or Anuisance@ suits.
Annette Green - Ms. Green lives off 5th
Avenue in Hendersonville. Last October
while sitting on her porch a Rottweiler attacked her and then attacked her
Chinese Pug. The dog had been riding in the back of a pickup truck and had
jumped out of the truck. The attack
also broke her glasses. Her dog did
live after visiting the Vet. and having his neck sewed up. She never received any compensation from the
dog=s owner and the
Rottweiler is still running loose.
She thanked Chief Donnie
Parks for asking that the City be included in the draft new ordinance.
Donna Dell - Ms. Dell spoke about
the people (volunteers) who get called in the middle of the night to come get
an injured animal. She thanked those
people. She felt that person should be
a paid Henderson County employee, that someone should be available around the
clock to answer such calls.
Kim Kappler - Kim Kappler runs AAll Creatures Great and
Small@. She is often the
person who gets the call in the middle of the night about an injured
animal.
Under possible amendment
# 3 of the draft ordinance which would require dogs to be under restraint
whenever off their owner=s property - she stated
that would help considerably. If the
dog were under restraint then he probably would not be in the middle of the
road in the middle of the night to get hit by a car. However, this is still a
very rural county and we would have to have quite a staff to enforce that law
throughout the county.
She stressed that if the
county offers 24 hour service to pick up injured animals, they would need to
put money in their budget for Vet. bills for those animals and they can get
quite steep.
She stated that her
concern is that if this ordinance is put in effect there would be many animals
put to sleep because of the leash law.
We have a small shelter and a small shelter staff. It would be hard for this staff to enforce.
Barbara Stukis - Ms. Stukis stated
that she was planning to talk about spay/neuter but that has pretty well been
covered. She mentioned the need to
address animals riding in the back of pickup trucks.
Russell Burrell - Mr. Burrell stated
that the Parks and Recreation Department had asked for an amendment to add that
the ordinance would be enforced on public property such as our parks.
William Devine - Mr. Devine asked the
Commissioners to make stricter laws and to try to keep animals on their owners= property.
J.J. Leeds - Ms. Leeds is a
resident of Flat Rock. She asked that
consideration be given to the humane treatment of animals while they are being
held and in their disposal.
Harrison Metzger - Mr. Metzger is a
reporter for the Times News. He
questioned whether there would be charges for the municipalities if they asked
to be included in the new ordinance and asked the county to enforce the
ordinance within their limits.
Chairman Hawkins stated
that he could not answer that question at this time. He asked Ms. Beeker (County Attorney) to address that question.
Ms. Beeker answered that
it would be up to the Board of Commissioners to make the decision regarding
fees and terms of enforcement.
Henderson County would work with the municipalities.
Chairman Hawkins made
the motion to close the public hearing at 8:43 p.m. All voted in favor and the motion carried.
Board
Discussion/Direction
Chairman Hawkins thanked
all those in the audience and particularly those who had made their comments
known to the Board this evening. He
asked what the pleasure of the Board was at this time, whether they wished to
take action this evening or ask the County Attorney to bring the ordinance back
to the Board at a meeting in June with technical revisions.
Following discussion by
the Board, Chairman Hawkins asked staff to bring back the ordinance with the
technical revisions to a Board meeting in June for further Board discussion and
action. The Board will likely have to
address items out of all three phases.
The amendment regarding municipalities will have to be considered and
decided on. He feels the Board will
particularly have to take a look at the spay/neuter program and leash law to
begin with. The Board was in
agreement. The Board will want to see
the County Manager=s recommended budget
prior to making any final decisions and the budget must be adopted by the end
of June.
Adjournment
Chairman Hawkins made
the motion to adjourn the meeting at 9:00 p.m.
All voted in favor and the motion carried.
Attest:
Elizabeth
W. Corn, Clerk to the Board Grady Hawkins, Chairman