Draft
October 20, 2003
The Alexander County Board of
Commissioners held its regular meeting on CALL TO ORDER Chairman Robertson called the meeting
to order at INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Keever gave the invocation and Commissioner Harbinson led the Pledge of Allegiance to the Flag. ADOPTION OF AGENDA Commissioner Hammer requested some
time during the meeting to update the Board on a meeting held on Commissioner Hammer made a motion to adopt the agenda as amended. Commissioner Keever seconded the motion. The Board voted unanimously in favor of the motion. REMOTE SALES TAX RESOLUTION Chairman Robertson presented a
Resolution in Support of the Remote Sales Tax, which was originally discussed during the Commissioner Keever made a motion to approve the Resolution in Support of the Remote Sales Tax. Commissioner Hammer seconded the motion. The Board voted unanimously in favor of the motion. PUBLIC WATER SUPPLY RESOLUTION Chairman Robertson stated that N.C.
had recently developed some proposed standards for water, which included a requirement
that no public water system would be allowed to exceed 100 psi water pressure. Chairman Robertson explained that this requirement
would increase the cost of providing water into the foothills and mountain areas because
of pumping costs and pressure reducers. However,
Chairman Robertson noted that he had been informed by Rick French, Mr. French recommended that the Board move forward with approving a Resolution Recommending that the Public Water Supply Section of the North Carolina Department of Environmental and Natural Resources Rescind its Policy which Limits Water Pressure in Public Water Supply Systems to 100 Pounds per Square Inch in order to go on record to oppose these standards. Commissioner Keever asked if these standards, if enforced by the State, would apply to just new construction or existing as well. Mr. French replied that it would apply to new construction. Commissioner Keever noted that the standards could prevent the County from being able to afford to run water into some area. Mr. French agreed and noted that it would cause water projects to be too expensive to pursue. Commissioner Bolick asked what the average pressure was currently in remote areas of the county. Russell Greene, Fire Marshal / Public Service, replied that some areas had 150 to 160 pounds of static pressure on the system. Mr. Greene stated that there was 160 pounds of pressure on Highway 16 South coming from the fairgrounds tank to the Millersville area. Mr. Greene explained that the standards would force the County to purchase additional pumping stations to get water to remote areas as well as pressure reducing valves on downhill runs. Mr. Greene stated that the standards would also impact ISO ratings for fire departments because a residual pressure of 30 to 35 pounds was needed on hydrant flow. Mr. Greene stated that the State standards, if approved, would only allow fire departments to maintain 20 pounds of residual pressure. Mr. French presented the Resolution Recommending that the Public Water Supply Section of the North Carolina Department of Environmental and Natural Resources Rescind its Policy which Limits Water Pressure in Public Water Supply Systems to 100 Pounds per Square Inch. Commissioner Keever made a motion to approve the resolution. Commissioner Harbinson seconded the motion. The Board voted unanimously in favor of the motion. BUDGET ORDINANCE AMENDMENT #11 Rick French, Budget Amendment #11 – To allow for the addition of funding from Family Planning State funds and a bioterrorism grant. Commissioner Bolick made a motion to approve Budget Amendment #11. Commissioner Hammer seconded the motion. The Board voted unanimously in favor of the motion. BOARD APPOINTMENTS AND REAPPOINTMENTS
Commissioner Hammer presented a request to appoint Gary Jennings to the Senior Center Advisory Board. Commissioner Harbinson made a motion to approve the appointment as presented. Commissioner Keever seconded the motion. The Board voted unanimously in favor of the motion. Courthouse Task Force Chairman Robertson stated that the Courthouse Task Force needed to be made active again and he submitted the following appointments to the task force: Kimberly S. Taylor, Superior Court Judge Dale Graham, District Court Judge Seth Chapman, Clerk of Court Hayden Bentley, Sheriff Darrell Robertson, Commission Chairman Rick
French, Joel Harbinson, Commissioner and Attorney Commissioner Hammer made a motion to approve the appointments as presented. Commissioner Keever seconded the motion. The Board voted unanimously in favor of the motion. OTHER BUSINESS The following issues were discussed during Other Business: A.
Commissioner Hammer stated that he attended a
meeting with John Tippett and John Marshal, WPCOG, on B. Rick French, County Manager, discussed the Industrial Facilities Pollution Control Financing Authority and noted that new appointments would need to be made to this committee at the November 3, 2003 Commissioners’ Meeting in order to move forward with some industrial revenue bonds. Mr. French stated that he would get more information to the Board regarding this committee. C.
Mr. French stated that the next Celebration Dinner
would be held on D.
Mr. French informed the Board that he would be
attending the NCACC Intergovernmental Relations Steering Committee Meeting on E. Mr. French stated that he had met with Phil Bowman, DSS Human Services Coordinator, concerning a transportation problem with Work First participants. Mr. French stated that DSS had requested authorization to donate surplus vehicles to Work First from time to time since Work First had funds to maintain these vehicles. Mr. French suggested that that this request be approved for one of the current surplus vehicles. ADJOURNMENT There being no further business for
the regular meeting, Commissioner Bolick made a motion to adjourn a
W. Darrell Robertson, Chairman Jamie C. Millsaps, Clerk to the Board
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October 20, 2003
The Alexander County Board of Commissioners held a work session following the adjournment of the regular meeting. CALL TO ORDER Chairman Robertson called the work
session to order at ECONOMIC DEVELOPMENT PLAN Chairman Robertson discussed the need
to improve economic development in
Mark Odom, Chamber President-elect Wiley Ballard, Chamber Treasurer Glenn Fox, Glenn Fox Photo Tom Betzweiser, American Roller Bearing Chip Swinnie, Schneider Mills Gail Drum, United Way Norm Dessert, Country Cards and Gifts Keith Hertzler, Chamber/EDC Director
Voting Members
Non-Voting Members
Chip Swinnie, Schneider Mills
Rick French, Tom Betzweiser, American Roller Bearing David Odom, Town Manager Kevin Hertzler, KDS Fabrication, Inc. Jack Hoke, Schools Superintendent Scott Ferguson, Hefner Builders Keith Hertzler, Chamber/EDC Dir. Ron Valentinie, CVCC ESC Representative
4 Commissioner Bolick asked if there
was any way that the County could promote businesses and industries to come into Chairman Robertson stated that County
staff had been meeting with Chairman Robertson inquired about the
goals listed in the proposed Economic Development Plan, especially the goal to create and
maintain a reasonable retail incentive policy. Chairman
Robertson asked if this policy would be similar to the Industrial Development Incentive
Policy. Commissioner Harbinson suggested that the Steering Committee investigate what other counties were doing and consider incorporating other counties objectives into this plan. Commissioner Harbinson discussed a newspaper article that included what Caldwell County had done in regards to economic development including visiting a minimum of 25 existing businesses and industries to resolve any problems uncovered, promote expansions, communicate state and local incentive programs, etc. Glenn Fox stated that Chamber staff gathered input from members each time they renewed their membership to determine if there were any problems that the Chamber could help with. Mr. Fox also stated that newsletters and surveys were also mailed out to members in order to get feedback. Chairman Robertson asked how many surveys were usually returned. Keith Hertzler, Chamber / EDC Director, stated that sometimes 20 surveys were returned and sometimes 100 were returned. Chairman Robertson stated that most people immediately threw surveys in the trash and he therefore asked if anyone from the Chamber visited businesses and industries on a regular basis. Mr. Hertzler replied that he did, in fact, visit businesses and industries to gather input from them. Mr. Hertzler noted that he had visited Innovative Wood Products recently and he had been working heavily with the Mitchell Gold Company. Mr. Hertzler noted that it was very difficult to hold one large meeting with all businesses and industries present. Gail Drum stated that the Chamber did a membership drive at which the Chamber Board of Directors split up and went to visit each business and industry that were members in order to see if there were any problems that the Chamber could help with and to get information on how to make things better for them. Commissioner Hammer inquired about
the percentage of Chamber members compared to the number of businesses and industries
located in Norm Dessert discussed a strategy
that was used in his former city of residence in which the city actively pursued grants in
order to tear down old neighborhoods and expand Chairman Robertson stated that he
agreed with Mr. Dessert 100%; however he noted that Mr. Dessert felt that staff also needed to take care of existing businesses to help them grow and remain in the county. Commissioner Harbinson stated that
the purpose of the Board adopting the Zoning Ordinance a few years ago was to protect
rural areas but also to allow retail, commercial, and industrial development in certain
areas. Commissioner Harbinson felt that plans
needed to be made for future development such as the 64/90 bypass, Highway 16 South, and Glenn Fox discussed the importance of selling the county and the businesses and industries by way of the Internet. Mr. Fox stated that his business had become nationwide due to the Internet. Commissioner Harbinson stated that Chairman Robertson felt that Commissioner Bolick agreed that Glenn Fox agreed and discussed the
art galleries in Wiley Ballard stated that he was also
a member of the Wilkes County Chamber and he noted that the Commissioner Hammer stressed the importance of retaining what was already here. Commissioner Hammer suggested appointing a farmer and a homebuilder onto the proposed EDC Board. Chairman Robertson felt that staff needed to look at existing business and industry to determine what could be contributed to their needs and also look at what neighboring counties were doing. Chairman Robertson noted that the Board, Town, and Chamber all had responsibilities to follow through with to make this plan work. Commissioner Bolick suggested appointing a realtor to the EDC Board. Chip Swinnie noted that the Board had 4 positions on the EDC Board to appoint whoever they wanted. Gail Drum stated that she lived in Chairman Robertson asked the Chamber Board to take this information to firm up the plan and he noted that the Board would also look at the plan to see how it would fit together from the Board of Commissioners’ standpoint. Chairman Robertson stated that another work session could be held to pull all this information together. Chairman Robertson conveyed his appreciation to everyone for the work done and for attending the work session. ANIMAL CONTROL ORDINANCE – DRAFT Rick French, Terry Foxx, Emergency Management / Animal Control Director, presented the following proposed amendments to the Animal Control Ordinance: (Additions are in italics and deletions are struck through). Article I – Section I: Definitions Dangerous Animal/Dog: Any
animal that has demonstrated a fierce or dangerous propensity or tendency to do any act
which may endanger person or property and/or any non-domesticated animal ingenious to the
State of Owner: Any
person, group of persons, firm, partnership, or corporation owning, keeping, having charge
of, sheltering, feeding, harboring, or taking care of an animal. The owner is responsible for the care, actions, and
behavior of his animals. In the event that the
owner of an animal is a minor, the parent or guardian of such minor shall be held liable
for non-compliance with the provision of this ordinance.
Any person harboring an animal for 48
consecutive hours is responsible for that animal. Commissioner Keever asked if this
would mean that a citizen would be considered an owner if an animal just showed up at
their house and stayed for 48 hours. Garry
Bradshaw, Animal Control Officer, stated that harboring meant feeding and giving shelter
and he explained that a citizen would not be considered an owner if an animal just started
hanging around. Restraint: An
animal is under restraint within the meaning of this ordinance if it is (1) controlled by
means of a chain, leash, or other like device of
sufficient length and strength... Secure Enclosure:
A fence or structure of adequate height forming or causing a humane
enclosure suitable to prevent the animal from escaping and to prevent the entry of young
children. It is recommended that the secure enclosure be at least
a 10’ x 10’ x 6 ‘ high chain link fence, preferably with a concrete floor
or other suitable floor preventing the animal from digging out from underneath. Section II: Establishment
and Composition of the Animal Control Advisory Board and Department A.
There is hereby created an Advisory Board to
advise the Alexander Count Animal Control Department.
The Advisory Board is to be composed of seven (7) members appointed by the
Alexander County Board of Commissioners and shall serve terms as established by the Board
of Commissioners. This Board shall include membership from the following
categories: Chairman Robertson suggested adding a farmer or a dairy man so that rural areas would be represented. Commissioner Keever discussed the possibility of a leash law. Mr. Foxx stated that enforcing a leash law would require the County to hire additional staff to handle that aspect. Commissioner Keever felt that a leash law was something that needed to be discussed. Commissioner Harbinson stated that he was against a leash law because it required all dogs, not just dangerous ones, to be chained, which he did not feel was fair. Commissioner Keever stated that there were other ways to keep a dog on the owner’s property other than a leash and he suggested investigating those alternatives as well. Mr. French stated that some counties had leash laws for subdivisions only and Animal Control was allowed to pick up those dogs if they weren’t on the owner’s property. Commissioner Hammer stated that this was a problem even in rural areas. Commissioner Hammer stated that he had a problem with dogs running and also killing his calfs. Commissioner Harbinson stated that a dog was not a problem unless it was doing harm and he had a problem extending a leash law to state that all dogs were in violation of the law if not on the owner’s property. Commissioner Keever suggested looking at something similar to a leash law so that an Animal Control Officers had something to back themselves up when picking up animals. Section III: General
Duties of Animal Control Department 2.
Assisting in the enforcement of the
laws of the state with regard to animals and especially with regard to vaccination of
animals against rabies and the confinement or controlling of 3. Investigating cruelty or abuses with regard to all animals. Section IV: Cruelty
to Animals A.
The words “cruelty,” “torture” and
“torment” shall be held to include every act, omission, or neglect whereby
unjustifiable physical pain, suffering, or death is caused or permitted…As used in this section, the term “animal”
includes every living vertebrate in the classes Amphibia, Reptilia, Aves, and Mammalia
except human beings. Section VII: Confinement
and Control of Dangerous Animals and Dangerous Dogs B. The owner shall have thirty (30) days from the date of notification to provide a humane, secure enclosure. If no suitable confine is available at the owner’s residence, the animal will be confined at the Alexander County Animal Shelter or at suitable boarding facility at the owner’s expense. Article II – Section IV: Report and Confinement of Animals Biting Persons or
Showing Symptoms of Rabies A. Every dog or cat which has bitten any person or which shows signs or symptoms of rabies shall be confined immediately… B.
Dogs and cats quarantined under this section
shall be confined in a veterinary hospital, boarding kennel, or the county animal shelter
at the expense of the owner…The Animal Control Officer may not authorize the animal
to be confined on the owner’s premises unless the owner has a fenced-in area in his
yard and the fenced-in are has no entrance or exits that are not locked, and can provide proof the animal is currently
vaccinated against rabies. Section V: Destruction
of Animal Bitten by Rabid Animal Unvaccinated animals bitten by a known rabid animal shall be immediately destroyed. If the animal has been suspected to have been in contact with saliva or nervous tissue of a proven rabid animal or an animal reasonably suspected to have rabies and it has a current rabies inoculation, it shall be revaccinated and returned to the owner. Article III – Section IV: Destruction, Adoption, or Unredeemed Animals
Generally A.
If an impounded animal is not redeemed
by the owner within the period prescribed in Article III, Section III, it may be destroyed
in a humane manner or shall become the property of the animal shelter(s) and offered for
adoption C.
Adoption Contract – Any person adopting Commissioner Keever suggested making the Adoption Policy as part of this ordinance. The Board agreed.
Article III – Section VII: Destruction of Wounded or Diseased Animals Not withstanding any other provision of this article, any animal impounded which is badly wounded or diseased (not a rabies suspect) and has no identification shall be destroyed immediately in a humane manner upon consultation of a licensed veterinarian. If the animal has identification, the Animal Control Department shall attempt to notify the owner before disposing of such, but if the owner cannot be reached readily, and the animal is suffering, the Animal Control Department may destroy the animal in a humane manner. Mr. Foxx explained that if Animal Control picked up an animal that had been hit by a vehicle and didn’t have any tags, Animal Control was mandated by law to hold the animal for 3 days. Mr. Foxx felt that this was not humane to allow the animal to suffer for 3 days and he asked for any input from the Board on how to handle this issue. Commissioner Keever suggested destroying the animal immediately if it was not going to recover. Mr. Bradshaw stated that it could then be said that an Animal Control Officer is not qualified to make the decision of whether or not the animal would recover. Mr. Foxx stated that the animal could be taken to a veterinarian for that decision. The Board agreed to discuss this issue further. Article IV – Section II: Deceased Animals A. It shall be the duty of the owner or person in charge of any animals that die from any cause, and the owner, lessee, or person in charge of any land upon which any animals die, to bury the dead animals to a depth of at least three (3) fee beneath the surface of the ground and not closer than 300’ of any flowing stream or public body of water within twenty-four (24) hours after the death… Commissioner Hammer asked if Animal Control could pick up animals hit by a car such as a deer or fox. Mr. Bradshaw stated that those animals were considered wildlife and he noted that Animal Control could, in some cases, pick those up but that it was not in the policy. Mr. Bradshaw noted that picking up wildlife was a controversial subject. Mr. French suggested a developing a written policy on what types of animals could be picked up by Animal Control and what were considered wildlife and could not be picked up. Mr. Foxx stated that he could speak with Joey Williams, Wildlife Officer, to see if he or the State had a policy. Chairman Robertson suggested that these revisions be made and brought back at the next Commissioners’ Meeting. Mr. French suggested the second meeting in November to allow a little more time for revisions to be made. The Board agreed. CLOSED SESSION – N.C.G.S. 143-318.11(a)(6)
PERSONNEL Commissioner Harbinson made a motion
to enter into Closed Session at ADJOURNMENT There being no further business,
Commissioner Keever made a motion to adjourn at
W. Darrell Robertson, Chairman Jamie C. Millsaps, Clerk to the Board
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