HomeMy WebLinkAbout092722 ws packetWORK SESSION AGENDA
Date: Tuesday, September 27, 2022
Time: 9:00 a.m.
Location: Commissioners Meeting Room Harnett County Resource Center & Library 455 McKinney Parkway, Lillington
Harnett County Board of Commissioners
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1.Call to order – Chairman Lewis Weatherspoon
2.Pledge of Allegiance and Invocation – Commissioner Barbara McKoy
3.Discuss a request to have an additional full-time 4-H Agent position; Tim Mathews, CooperativeExtension Director
4.Discuss flu vaccine rates; Coley Price, Assistant County Manager for John Rouse
5.Discuss waiving building permit fees and tipping fees for the Jetport Project; Coley Price, AssistantCounty Manager
6.Discuss employee alternate position on the Administrative Appeals Board for Stop ArmViolations; Christopher Appel, Senior Staff Attorney
7.Discuss Dangerous Dog Committee Bylaws; Christopher Appel, Senior Staff Attorney
8.County Manager’s Report- Brent Trout, County Manager
•October 3, 2022 Regular Meeting Agenda Review
•Upcoming meetings and invitations
9.Closed Session
10.Adjourn
CONDUCT OF THE SEPTEMBER 27, 2022 MEETING
Live audio of the meeting will be streamed on the Harnett County Government’s YouTube Channel
at https://www.youtube.com/channel/UCU7mTF6HTD65x_98EhAMeMg/featured.
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S:\Clerk to the Board docs\AGENDAS\2022\092722 ws\7.1 Agenda Request - Dangerous Dog Bylaws.docx Page
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Board Meeting
Agenda Item
MEETING DATE: October 17, 2022
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Dangerous Dog Committee Bylaws
REQUESTED BY: Christopher Appel - Legal Department
REQUEST:
Legal Department requests approval of revisions to the Dangerous Dog Committee Bylaws.
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
Item 7
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HARNETT COUNTY
NORTH CAROLINA
DANGEROUS DOG COMMITTEE
BY-LAWS
ARTICLE I
NAME
The name of the organization is hereby designated as the “Harnett County
Dangerous Dog Committee.” It is hereinafter referred to as the “Committee”.
ARTICLE II
PURPOSE
The purpose of the Harnett County Dangerous Dog Committee is to carry out the
provisions of North Carolina General Statute §67-4.1 and the County of Harnett Animal
Services Ordinance for Harnett County, North Carolina(hereinafter referred to as the
“Animal Services Ordinance”).
ARTICLE III
MEMBERSHIP
Section 1. Members
The Committee shall consist of three members and one alternate appointed by the
Harnett County Board of Commissioners (hereinafter referred to as the
“Commissioners”). All Committee members and the alternate shall be residents of
Harnett County. Members may be removed at any time, with or without cause, upon a
majority vote of the Commissioners.
Section 2. Terms
Members and alternates of the Committee shall serve three-year terms, or for the
remainder of the unexpired term of a member or alternate who has resigned, been
removed by the Commissioners, or otherwise vacated their membership position.
Members of the Committee shall be limited to three consecutive terms, unless waived;
however, members may be reappointed after remaining off the Committee for at least one
year. Alternates are not limited in the number of terms served.
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Section 3. Vacancies in Membership
Any vacancy occurring in membership of the Committee shall be filled by the
Commissioners. Any member who is absent from three consecutive scheduled hearings or
displays a consistent record of absenteeism, is subject to removal from membership at the
sole discretion of the Commissioners. Members serve at the pleasure of the
Commissioners and may be removed, with or without cause, at any time by a majority
vote of the commissioners
Section 4. Voting Members
All members of the Committee designated in Section 1 above shall be voting
members of the Committee, with the exception of the alternate if all members are present
for the hearing.
Section 5. Quorum
It shall be necessary for all three members, or two members and an alternate, to be
present to constitute a quorum of the Committee and an affirmative vote of the majority
of those present at a Committee hearing shall be required to constitute official action of
the Committee. Committee members shall not be permitted to attend meetings via remote
participation to establish a quorum.
Section 6. Attendance
Committee members shall strive to attend all meetings. However, if a member is
unable to attend a meeting, the member shall provide at least twenty-four (24) hours’
notice prior to the start of the meeting unless the member is unable to provide such notice
due to illness or emergency.
ARTICLE IV
ORGANIZATION
Section 1. Officers
The regular members of the Committee shall elect among themselves two officers
of the Committee, a Chairman and a Vice-Chairman. The Chairman and Vice-Chairman
of the Committee shall be elected in the following manner:
A. The Chairman and the Vice-Chairman shall be elected by the Committee during
its first hearing of each year called into session.
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B. A prospective Chairman or Vice-Chairman must have a minimum of one year
experience on the Committee.
C. The Chairman and Vice-Chairman shall serve terms of one year in their respective
offices and shall be limited to two successive full terms.
Section 2. Duties of Officers
The responsibilities of the Chairman and the Vice-Chairman shall be as follows:
A. The Chairman shall preside at hearings, administer oaths to witnesses, maintain
order and proper decorum, and conduct other appropriate Committee activities as
necessary.
B. The Vice-Chairman shall assume the responsibilities of the Chairman in his or her
absence, when the Chairman is temporarily unable to serve, or as directed by the
Chairman.
Section 3. Minutes
The staff of the Harnett County Animal Services Department Division shall be the
recording secretary to keep minutes of Committee hearings.
ARTICLE V
RESPONSIBILITIES OF THE COMMITTEE
The duties and responsibilities of the Committee shall include:
A. The Committee shall hear and decide appeals of the determinations of the General
Services Appointed Review CommitteeDirector that a dog is a “potentially
dangerous dog” or a “dangerous dog” pursuant to the Harnett County Animal
Services Ordinance.
B. The Committee shall hear and decide appeals of the determinations of the General
Services Director to euthanize a “potentially dangerous dog” or a “dangerous dog”
for violations of the Harnett County Animal Services Ordinance.
A.C. The Committee shall hear and decide appeals of the determinations of the
General Services Director that an animal is a “public nuisance” pursuant to the
Harnett County Animal Services Ordinance.
B.D. Any other responsibilities or duties assigned to the Committee by the
Commissioners, not inconsistent with the North Carolina General Statutes.
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ARTICLE VI
HEARINGS
Section 1. Hearings
Hearings shall be scheduled as necessary to hear de novo appeals of whether a dog
is a “potentially dangerous dog” or a “dangerous dog”, whether a “potentially dangerous
dog” or “dangerous dog” shall be euthanized for violations of the Animal Services
Ordinance. .
Hearings shall be scheduled on a monthly basis as needed to hear de novo appeals
of whether an animal is a “public nuisance.”
Section 1. Notice
All hearings conducted by the Committee shall be properly noticed pursuant to
North Carolina Open Meetings Law. Notice of the time, place, and agenda items to be
considered at each hearing shall be given in writing to the Committee members,
appellant, and complainant 10 days prior to the hearing.
Section 2. Cancellations and Continuances
Hearings may be cancelled by giving reasonable notice to each Committee
member, appellant, and complainant, and by posting a Notice of Cancellation at the place
of the hearing. If the Committee recesses a properly noticed hearing and the time and
place at which the hearing is to be continued is announced in open session, no further
notice shall be required.
ARTICLE VII
VOTING
Section 1. One Vote Each
Each Committee member, including the ChairpersonChairman, shall be entitled to
one vote.
Section 2. Proxy Votes
No member shall vote by proxy.
Section 3. Abstentions
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No Committee members shall be excused from voting except in cases where
Committee members are related by blood or marriage to any appellant or complainant, or
voting would otherwise pose for them a conflict of interest.
Section 4. Determination of Actions
Following the making of a motion and a second, the Chairman shall restate the
motion before calling for a vote. All final actions shall require the favorable vote of a
majority of those members present at a duly called hearing.
ARTICLE VIII
RULES AND PROCEDURES OF COMMITTEE HEARINGS
The following rules and procedures shall govern the Dangerous Dog Committee
hearings:
A. Committee hearings shall be open to the public and the person requesting the
appeal may appear pro se or be represented by an attorney.
B. The Committee hearing shall be quasi-judicial in nature and any person providing
testimony must be sworn in by the Chairman, Vice-Chairman, or acting
Chairman. All testimony shall be recorded by audio recording.
C. The Committee shall hear the appeal de novo and the Animal Services Director
Manager or his/her designee shall have the burden of proving that the applicable
provisions of the Harnett County Animal Services Ordinance have been violated.
D. Committee members may ask questions at any time during the hearing and may
request additional evidence from any party or witness, including continuing the
hearing in the interest of fairness.
E. The parties may present competent, relevant, and material evidence or testimony,
cross-examine witnesses, inspect documents, and offer evidence or testimony in
explanation or rebuttal.
F. The Chairman shall rule on the admissibility of any evidence and any procedural
issues that may arise.
G. Committee members may exclude and not factor into their decision any evidence,
testimony, or statements deemed incompetent, irrelevant, immaterial, or unduly
repetitious and therefore fail to reasonably address the issues before the
Committee.
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H. No Committee member shall discuss any agenda item with an applicant or other
concerned individuals prior to the hearing.
I. All discussions and decisions during a Committee hearing shall be public record.
No decisions shall be made on any agenda item outside a regularly scheduled or
properly called hearing.
J. For appeals of the determinations of the General Services Director’s that a dog is
“dangerous dog” or “potentially dangerous dog”, tThe Committee shall affirm,
reverse, or modify the determination of the General Services Appointed Review
CommitteeDirector. which has been appealed. Any conditions imposed by the
Committee shall be reasonable, relevant to the issues in the matter, and comply
with the provisions of the Animal Services Ordinance and Chapter 67 of the North
Carolina General Statutes.
K. For appeals of the determinations of the General Services Director to euthanize a
“dangerous dog” or “potentially dangerous dog” for violations of the Animals
Services Ordinance, the Committee shall affirm or reverse the determination of
the General Services Director.
J.L. For appeals of the determinations of the General Services Director that an animal
is a public nuisance, the Committee shall affirm, reverse, or modify the
determination of the General Services Director.
K.M. The Committee shall announce its decision at an open meeting and render
it in writing as expeditiously as possible following the hearing. The Committee’s
decision shall contain findings of fact and conclusions in support of its decision
and shall be sent by certified mail, return receipt requested, to the appellant.
L.N. Roberts Rules of Order- The Modern Edition shall be followed for
parliamentary matters not covered by this Article.
ARTICLE IX
AMENDMENTS
These by-laws may be altered, amended, or rescinded by a majority vote of the
Commissioners, provided that at least two weeks written notice, including the proposed
changes, is given to the Committee of the intention to alter, amend, or rescind the by-
laws.
ARTICLE X
RATIFICATION PROVISIONS
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These by-laws are adopted and shall be in full force and effect immediately upon a
majority vote of approval by the Harnett County Board of Commissioners.
These Bylaws were duly amended by the Harnett County Board of Commissioners
on the ____ day of October, 2022.
THE HARNETT COUNTY BOARD OF COMMISSIONERS
Lewis W. Weatherspoon, Chairman
ATTEST:
_______________________________
Melissa D. Capps, Clerk to the Board
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