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Event transcript
And then just stop. 00:00:00
All right. So, yeah, I'll go over that. So welcome to the inaugural meeting of the Floyd Cannon, Floyd County Animal Control 00:00:07
Board. 00:00:13
It's a little bit unusual because it's a it's a launch meeting. So I'm not even going to officially call this to order. I'm going 00:00:21
to let the new president be that momentarily. 00:00:25
A couple of. 00:00:30
House rules. You want to turn your microphones on and those are live mics, so don't see anything you would once your mom or 00:00:31
grandma to hear. 00:00:35
Or however many people watch this. 00:00:40
I and John and Jason all wanted to say just a couple of words #1. 00:00:45
Collectively, we're so proud of you all for stepping up. 00:00:50
It's one thing to talk about public service. It's another to do it. 00:00:54
I I congratulate you for doing it. I'm envious of you, actually, because. 00:00:59
You guys get a chance to put your stamp on something from the beginning over the next year. 00:01:03
I know that the terms are staggered for a reason that mean that we wanted one person to serve more than another. 00:01:08
It just meant that we wanted to stagger this because that's the way that these boards are usually laid out. So this. 00:01:15
Is going to the public and will be on the record for the Floyd County Government website. 00:01:22
And again, we have a quorum 4 out of five for the inaugural meeting. 00:01:28
Perhaps in a minute, after John and Jason speak, you guys can just introduce yourself to the public a little bit. 00:01:34
Why you volunteered to serve and what you hope to put forward and then Rick's going to take over the the meeting thereafter? 00:01:40
For the bulk of things. 00:01:46
So your first order of business will be to elect the board of officers. 00:01:49
Some of you who have experience at the microphone, so maybe don't. If you need to confer with one another for a minute, you can do 00:01:55
that. If you just want to draw straws, you can do that. If you want to just nominate Doctor James, she's not here. You can do that 00:02:00
too, and then someone can run the meeting in her absence for the first one. 00:02:04
So I know we have Josh Turner, we have Jeff Perkins, we have Dana Wolf with Charlotte Bass. And with that, let John say a few 00:02:10
words. And then Jason's been very passionate about this project as well. So we'll let him have the final word from the 00:02:15
commissioners on that. 00:02:21
I'm gonna be brief. I think it's this is a probably one of the better things that we've done in a long time. 00:02:27
But I think we've got a really good board and so it's going to be on your own shoulders. But again, the commissioners are here to 00:02:34
to back you up and provide any kind of support that you all may need during your endeavor. 00:02:40
And but anyway, thank you for taking on the responsibility. 00:02:46
Stepping up, we really appreciate that. 00:02:49
Thank you. 00:02:52
You know, this was probably one of my very first major tasks that I took on when I became a Commissioner and. 00:02:53
You know this this? 00:03:02
This ordinance was a real collaborative effort, not just. 00:03:03
From the county, but working with others outside the county, you know we collaborated with. 00:03:07
Some of the most respected names in this area in regards to animal control and we worked very closely with a couple different 00:03:11
animal rescue groups, so we put a lot of heart and soul into this. 00:03:17
Ordinance. I'm extremely proud of it and. 00:03:23
You know, for me, turning this over to this board today is the final piece. 00:03:26
Of all this work that we have done over the last several months, you know we. 00:03:32
We were able to craft the ordinance. We have our service provider, which you all will probably meet here very shortly. Mr. Draper, 00:03:38
who is here with us tonight. 00:03:41
And uh. 00:03:45
I'm just excited to see what this board can do to make sure that you know the. 00:03:46
The the animals of Floyd County are treated with care and compassion. You know, this is something that I'm very proud of. I look 00:03:52
forward to seeing what you guys can do with it. Thank you. 00:03:56
And we are not here to micromanage. We like to pick the people and then get out of their way. So with that being said. 00:04:02
A brief word on gavels. Don't touch the big one in case of emergency. That's that's what that's there for. Otherwise, this is the 00:04:08
one for the meetings. 00:04:11
We're going to step aside literally, Rick, if you want to walk them through officer election and and while the commissioners are 00:04:15
still here, I want to address one thing. 00:04:20
And that is according to our ordinance, the Floyd County Commissioners shall designate a county animal. 00:04:24
Disease Control Emergency coordinator. 00:04:32
Say that three times in a row, So. 00:04:36
We're going to be electing a president, a vice president and a secretary. 00:04:40
We've got a 5 member board. 00:04:45
That's another position that a board member can hold, but the commissioners have to do the appointment and that appointment can 00:04:47
be. 00:04:51
One of the members of this board. 00:04:56
So it's up to the commissioners. 00:04:58
Are interested in appointing somebody other than. 00:05:01
On the board, that's EUR call or when we go through we can appoint. 00:05:06
The officers and then from that just see if anybody's interested in filling that position and then. 00:05:12
We can this board can send that name to the commissioners for. 00:05:20
Review and approval at your one of your regular meetings. I assume that. 00:05:25
Person could hold dual positions. 00:05:31
You could be, that person could be. 00:05:34
Leadership as well as this one as well, is that correct? OK and the the animal? 00:05:37
Disease Control coordinator Shot Distributor information is directed by the State Board of Animal Health. 00:05:44
So that's what your job is. I like your last thought on it. I'd like to take a recommendation from the board, from the board on 00:05:50
that. 00:05:54
It'll facilitate communication to have it directly from the member of that body. 00:05:59
All right. 00:06:06
Commissioners at the moment. 00:06:52
2. 00:06:56
OK. 00:07:10
Really, it's up to you all how you want to decide to. 00:07:12
Discuss and ultimately like the officers here. 00:07:16
So, man. 00:07:21
Doctor Is it Doctor James? Is Doctor James a veterinarian? Is that the I got you? 00:07:25
What is your opinion about regarding the ordinance with the position of animal disease coordinator? 00:07:30
We would be better served with her in that position because of. 00:07:36
Her ability, her. 00:07:41
That's your decision. I think that would be a. 00:07:43
A good time. 00:07:46
I would nominate her to that position. 00:07:48
Well, first we need to elect. 00:07:52
Officers got you so president. 00:07:54
Vice President and Secretary probably be best to elect the president 1st and. 00:07:56
It would be easier. Well, if if she was elected as president, then Vice president would control the rest of the meeting. 00:08:03
So whoever gets elected. 00:08:12
As president will control the meeting. If they're not here, then it's the vice president, so. 00:08:15
I'm passing the torch to view 4 members to figure out how you want to elect the president and go through. 00:08:23
Process of doing that and then the same with the vice president. 00:08:31
The same secretary. Well, I think when when I read over this. 00:08:35
We each bring something to the table from different parts of government. So I'm I'm the chief deputy of the Floyd County Sheriff's 00:08:39
Office from law enforcement and I know Charlotte from the health department. Josh. 00:08:45
What What is your background? And Yep, Josh Turner, former City Councilman. I'm an IT engineer at Sam Tech. So. 00:08:51
Mixing that to the table and Dana. 00:09:00
I'm a resident. 00:09:03
I'm a Floyd County resident. 00:09:05
My whole life basically, so. 00:09:08
Charles, I would ask you with your position at the health department. 00:09:12
Do you believe in this new board that that's something as president that you would be suited for or Doctor James as a 00:09:16
veterinarian? 00:09:20
Would be better suited for that. What are your thoughts about that? 00:09:24
I don't mind doing it. 00:09:29
I was thinking with the disease. 00:09:33
Investigations of the animals, we would if something like that would happen and there would be a emergency outbreak, it would be 00:09:36
the health department along with the local veterinarians that be working with the state. 00:09:42
So I don't know if I. 00:09:49
Might be better suited for that, like when we had the positive skunk for babies. 00:09:50
We were notified right away. We worked with the other counties on that. 00:09:58
I think I might be better with that with my connection with the state. 00:10:03
But I'll do whatever. 00:10:07
Is there anyone that's interested in a certain specific position? 00:10:10
President, Vice President, Secretary. 00:10:14
Charlotte's conveyed that you might be interested in the. 00:10:17
Animal disease. 00:10:20
'Cause I'm about to nominate Josh Turner. I'll be, I'll be, I'll be, I'll be President of Vice. I don't mind. 00:10:25
I really don't mind either way. 00:10:30
I nominate Josh Turner as president, OK? 00:10:32
And I don't mind to be vice president, but I would like to help because I also think that we need emergency plan in Floyd County 00:10:35
in case of a disaster. What are we going to do in the county with the animals? 00:10:40
Do we have a second for Josh Turner as the lighter for president? 00:10:48
All in favor, aye. 00:10:55
All opposed. 00:10:57
Josh All right, I'll take over. 00:10:59
Hey, thanks. 00:11:06
I call the meeting to order of the Animal Control Board. 00:11:07
Business we've got. 00:11:13
Discussion of. 00:11:15
We have to elect the vice president. Oh, I'm sorry. We still have election of officers. 00:11:18
We Is there someone that would like to be vice vice president? 00:11:24
Charlie, are you OK with that? All right. 00:11:27
2nd 2nd. 00:11:31
All in favor. 00:11:33
Aye. 00:11:36
Motion. Motion passes. 00:11:37
And now we have to vote in for a secretary. 00:11:40
Now look, now Secretary will be taking notes for the meeting. Is that correct? 00:11:45
Yes, OK. 00:11:49
And we're going to need a thing called either minutes or memoranda. 00:11:53
Put together, and that's the secretary's job to do that. 00:11:59
As well as to do the public notices. 00:12:04
For the hearings. 00:12:07
Our hearings are if you. 00:12:09
Have meetings. 00:12:13
Whether it be regular meetings or. 00:12:15
Executive sessions and then lastly with regards to the agendas. 00:12:21
That are set for the meetings. 00:12:26
There's a requirement to post the agenda before the meeting starts outside of the meeting. 00:12:30
So those are the basic responsibilities of the secretary. 00:12:36
If nominated, I would accept the secretary. 00:12:41
Nomination. 00:12:45
It looks like a nomination. 00:12:47
A second second. 00:12:50
All those in favor? 00:12:54
Say aye, aye. 00:12:57
Motion carries. All right, the next item on our agenda is discussion of the Ordinance, Animal Care and Control Ordinance. 00:13:00
I guess I'd open up for discussion. 00:13:07
About the details of it. 00:13:11
Great. 00:13:13
In terms of. 00:13:18
The animal control officer. 00:13:21
Why don't we get a consensus of the board and let you vote on? 00:13:24
Who that person is so that that name can be given to the Commissioners. 00:13:30
As a recommendation from this board. 00:13:36
OK, I would nominate Charlie Bass for animal disease coordinate. 00:13:38
2nd a second then. 00:13:48
With a proper second, all those in favor say aye. 00:13:52
Motion carries. Talk about two things all right today. 00:13:55
One is. 00:14:02
The open door. 00:14:03
And that has to do with. 00:14:05
Rules with regards to conducting your meetings. 00:14:09
And the things that you have to. 00:14:13
And then secondly, we're going to talk about your duties and responsibilities and powers. 00:14:15
And those are defined in the ordinance itself. 00:14:20
So I'm going to highlight that, but you have copies of the ordinance that have been handed to you. 00:14:23
And so I would recommend that you read all. 00:14:31
Everything that's in that ordinance and reread. Everything that's in the ordinance or just a ton of information that. 00:14:36
That Jason and. 00:14:43
Everybody involved put into that ordinance and. 00:14:45
Even after you've read it and reread it. 00:14:49
You're going to have to have it ready to pull out as circumstances come up to figure out what to do. It's. 00:14:52
It's a comprehensive document. 00:14:59
So with regards to the open door law. 00:15:02
I think it's it's easy if you conceptualize. 00:15:08
What we do? 00:15:13
In political subdivisions, have meetings. 00:15:16
And and maybe three different categories, the first category being. 00:15:20
What is not a meeting? 00:15:25
Because. 00:15:28
That's important because you don't have all the rules that are associated with a meeting. 00:15:30
So you need to know what you can do and what is not a meeting. 00:15:36
And then you have. 00:15:40
What is a meeting and we'll talk about that. And then lastly, what is an executive session? 00:15:42
And an executive session is different than a meeting which is public and whereas the executive session you all can meet in 00:15:49
private. 00:15:53
And you don't have all the rules associated with a public meeting. 00:15:58
So to start with. 00:16:03
The question what? 00:16:06
Is not a mating. 00:16:08
To start with, it's any social or chance gathering not intended to avoid this chapter. So if you all ran into each other at a 00:16:14
restaurant. 00:16:18
Y'all had a good time. That's not a meeting. 00:16:24
Any on site inspection of any project, program, or facilities of applicants. 00:16:28
We. 00:16:36
Our new health board just recently and we all met at the Floyd County Health Department. So we met at those facilities because the 00:16:38
board members wanted to see the facilities. 00:16:44
And then in addition one of the other. 00:16:50
Things that's not a meeting is. 00:16:53
An orientation of members of the governing body on their role and responsibilities as public officials, but not for any. 00:16:58
Other official action actions. So really there was 2 aspects of what is not a meeting that took place at our. 00:17:06
We'll call it a gathering. 00:17:14
Because it's not a meeting. 00:17:16
So also with regards to what is not a meeting, traveling to and attending meetings of organizations devoted to the betterment of 00:17:20
government. 00:17:25
A caucus that typically deals with political stuff. 00:17:30
A gathering to discuss and even the statute cause of the gathering to discuss in an industrial or commercial prospect. 00:17:34
There's all kinds of other little rules with that. So that would you got to dial down on that if. 00:17:44
If you want to do that in executive session. 00:17:52
A gathering for the sole purpose of administering an oath. So if you're getting sworn in, that's that's not a meeting. 00:17:56
Collective bargaining is negotiations or discussions is not a meeting. 00:18:04
So I. 00:18:10
That's the extent of what is not a meeting. 00:18:14
That you can do. 00:18:17
Now what is a meeting? Statutorily means it's a gathering of a majority of the governing bodies. 00:18:20
Of a public agency for the purpose of taking official action. 00:18:28
Upon public business. 00:18:34
And so, official action, what is that? That's to receive information. 00:18:36
To deliberate, to make recommendations, to establish policy. 00:18:42
To make decisions. 00:18:47
Or take final action. 00:18:49
So that's pretty comprehensive. 00:18:51
And it's an so. 00:18:54
You're doing any of that? 00:18:55
You're doing a meeting. 00:18:57
Alrighty. 00:19:04
Let's talk about executive session. 00:19:07
An executive session is a meeting from which the public is excluded. 00:19:10
Accept the Governing Body may admit persons necessary to carry out its purpose. 00:19:15
The governing body may also admit an individual who has been elected to the governing body but has not been sworn in as a member 00:19:21
of the body. 00:19:25
In an executive session. 00:19:31
That again. 00:19:34
You you have that only under certain circumstances. 00:19:36
And let's go through that. 00:19:42
Again, this is an exception to the the meeting rule. 00:19:55
So executive sessions may be held only in the following instances. 00:20:00
Where authorized by Federal or state statute. 00:20:07
To discuss. 00:20:10
Strategy with respect to the following. 00:20:13
Collective bargaining. 00:20:16
Initiation of litigation. 00:20:18
Security systems. 00:20:22
A real property transaction that includes a purchase, a lease, A lease says, whether it be lease or or lease. See a transfer and 00:20:25
exchange or a sale by the governing body up and to the point in time. 00:20:31
That the contract or the option is executed and that has to be done in the public meeting. 00:20:39
Interviews and negotiations with industrial, our commercial prospects, again, there's all kinds of other rules with that. 00:20:46
To receive information about an interview prospective employees. 00:20:57
With respect to any individual over whom the government body has jurisdiction. 00:21:03
To receive information concerning their alleged misconduct. 00:21:10
For discussion of records classified by state or federal statute. 00:21:16
To discuss job performance. 00:21:23
And evaluate individual employees. 00:21:27
And when considering the appointment of a public official. 00:21:31
And so. 00:21:35
Appointing a public official, there's all kinds of rules established. 00:21:39
With that process you if you have, if you're doing something like that and you have 10 applicants, you can meet to. 00:21:43
To an executive session to discard. 00:21:52
A certain number of those applicants. 00:21:56
But you have to interview and select at least three of the applicants, or more if you decide to. 00:21:58
And so again, I'm not going to get into details of all that, but that's that's a process that you go through. 00:22:05
From 10,000 feet. 00:22:12
In terms of executive sessions? 00:22:14
When you have executive sessions, you don't have minutes. 00:22:24
And the other thing about executive sessions is that it's confidential. 00:22:28
I mean, this isn't something that you have an executive session in and talk about that. 00:22:33
And then go out and disclose that confidential information somewhere else. 00:22:39
That's not supposed to happen. 00:22:44
So it's supposed to stay between the members. 00:22:47
Any questions on any of that? That's just. 00:22:53
Basically what is a meeting was not a meeting and then the exception for the executive session. 00:22:55
To post an executive session, how far in advance do you have to do that? 00:23:01
OK, publication of for purposes of the Secretary. 00:23:06
You have 48 hours. Notice that you have to. 00:23:12
Give for a meeting. 00:23:17
So. 00:23:18
A lot of times what? 00:23:22
Public bodies will do is they will go ahead and set their meetings at a certain time. 00:23:24
Pet place and location. 00:23:30
For all their regular meetings for the year. 00:23:33
And once you do that and publicize that, that's good for the year. 00:23:36
In terms of the notice, but I always like to see that. 00:23:42
You know the you adhere to the 48 hour. 00:23:48
Notice also because we usually like to be. 00:23:53
Transparent and sometimes go a little overboard if we can in terms of and that's why we have streaming of. 00:23:56
Our meetings and that type thing. 00:24:05
Speaking that you have a right to have your meeting somewhere other than here. 00:24:07
As a board that the Commissioners have preferred that. 00:24:13
As as a part of transparency that the meetings be held here because this is a facility. 00:24:17
That allows streaming and so. 00:24:24
The transparency is is great with regards to that. 00:24:29
I'll get to some of the little rules about that here in a minute, but you know it. 00:24:33
It also requires that the. 00:24:39
The stream be put on the website and it's there for six months. And so if somebody had missed a meeting, they can go on to the 00:24:43
website and view the meeting. And so once again, it's making sure that the public has access to everything that the different 00:24:49
government bodies are doing. 00:24:55
But you know, there may be, for example with the health department, a reason why they want to have a meeting at a different 00:25:02
location. Again, you got the you have to publicize. 00:25:07
That within 48 hours. 00:25:13
In the notice itself you have to put the name of your body. 00:25:15
You have to put a. 00:25:21
Where you're having your meeting. 00:25:24
What kind of a meeting it is? 00:25:27
What time the meeting is. 00:25:30
In other words, all the information somebody would need to know. 00:25:32
When and where to show up? 00:25:36
There is a requirement in the Statute that you also put in that if the meeting is streamed. 00:25:40
How do you get to that streaming to be able to view it? 00:25:49
There's also disclosures that need to be in there for disabled individuals. 00:25:53
And so probably what would be best is if you just got a copy of. 00:25:59
From Susanna Worrell. 00:26:04
And the county Commissioner's Office of what one of our notices looks like and just kind of. 00:26:07
All of that, you know. 00:26:12
You'll hit all the high points. 00:26:13
Does that answer your question? 00:26:18
Thank you. All righty. I. 00:26:20
So again we're we're streaming these meetings here. 00:26:24
And I think I've covered. Uh. 00:26:31
Most of it we also keep after the six months, we keep archived copies. The public has a right to get those, but we can charge a 00:26:35
fee for that if we wish. Otherwise, for the first six months, those are free right there online. 00:26:42
And. 00:26:52
In terms of our meetings, you're required to prepare a. 00:26:55
The agenda that we talked about. 00:27:01
Which is something that gets posted outside this meeting. 00:27:04
Usually what? 00:27:10
Some bodies do. 00:27:14
Is that they will require that if something is going to be on the agenda. 00:27:16
That, for example, the commissioners, they want that on the agenda at least 48 hours before. 00:27:22
We have the meeting. 00:27:30
So that all the commissioners know what's going to be going on with regards to that meeting that and then if there's anything that 00:27:31
that comes up within that last 48 hours, the commissioners can vote to go ahead and address it. 00:27:38
If they want to, or if they feel that they need more time to that. 00:27:46
What it is that? 00:27:50
Making a decision that then they can go ahead and put it off. 00:27:52
That it takes all three commissioners. So that's. 00:27:56
How they handle it? Any agenda items or anything such as that should go to Susanna, no? Is that correct For posting and for 00:27:59
posting outside or is that? 00:28:04
Yeah, you can just bring the agenda with you and post it outside this room and that takes care of your responsibility. 00:28:08
But if you get it prepared ahead of time, usually most members like that, it's good that they see what is going to be on the 00:28:15
agenda. So I. 00:28:19
You know, you can pick up the phone and call House. All this is on the agenda. What's the deal? 00:28:24
You know, yeah, I haven't seen anything about it, so. 00:28:29
People don't like getting caught when they're on the board. 00:28:32
Cold about an issue and so it's. 00:28:35
Hopefully in terms of your all's communication that you all when something is coming up that all the members are made aware of 00:28:40
what the issue is and then as you go through the progress of. 00:28:46
Of evaluating that whole thing, that you're sharing that information with everybody, and then that makes things work out a lot 00:28:53
better. 00:28:56
Than just to have things pop up out of nowhere. 00:29:00
Speaking of meetings that. 00:29:05
There, there's another situation, an exception to the rule of. 00:29:08
You're 48 hours notice and that is if you have to have an emergency meeting. 00:29:12
So that's another exception to the rule. If we have for example. 00:29:16
A An environmental disaster that pops up. 00:29:24
And this board believes either the president or three members of the board, and that's who can call a meeting according to the 00:29:29
rules. 00:29:33
Believe that you need to have an emergency meeting. You can call that emergency meeting or regular meeting. 00:29:39
With 48 hours notice, the one rule about having an emergency meeting. 00:29:46
Is that when you meet? 00:29:52
You need, when you start the meeting, declare that this is an emergency meeting and then make sure that's reflected in the 00:29:54
minutes. 00:29:57
So that that takes care of any issues down the road regarding. 00:30:02
The fact that you didn't adhere to the 48 hour notice rule. 00:30:07
That protects you from that. 00:30:12
Speaking of that, while we're at it, you have a right to hire an attorney to represent this board. 00:30:15
We currently don't have an attorney. 00:30:19
And I'm not sure about the the financial aspect of all that. 00:30:22
But anyway, that's something that. 00:30:29
You're the President and this board can address with the commissioners in terms of going forward with that. 00:30:33
To your knowledge, Rick, are there many boards such as this that? 00:30:40
Aren't represented legally. 00:30:44
Most boards in Floyd County similar to this having a turn. Most boards have an attorney. 00:30:47
So Dad, just wanted to put that on your platter. 00:30:55
If you have. 00:31:07
A technical failure with regards to the meeting, for example, we had. 00:31:10
A storm water meeting on Tuesday night and we had a technical failure and we couldn't stream. 00:31:17
And so. 00:31:24
You have a right to go ahead and. 00:31:27
Have the meeting that doesn't change the rules. 00:31:29
And so a technical failure does not prevent the governing body from conducting the meeting, does not affect the validity. 00:31:35
Of an action taken by the Governing Body at the meeting does not violate this chapter or any statute concerning the retention, 00:31:43
preservation, or production of public records. 00:31:48
And it does not subject any person to civil or criminal liability. 00:31:53
So once again that what you want to do is if you have that failure. 00:31:58
That. That That's noted in the Minutes. 00:32:03
So that if somebody comes in later on, say, hey, you didn't do this or that. 00:32:08
You've got in your Minutes because the Minutes reflect everything. 00:32:13
You have it in your minutes that we had a technical failure and so therefore the meeting wasn't streamed. 00:32:18
And that protection. 00:32:23
OK, so we've we've gotten ourselves, we're sitting in a meeting and you, Yes. 00:32:33
Pardon the Interruption, I need to be. 00:32:40
11 Action I think needs to come out of the meeting tonight is. 00:32:43
A calendar for future. 00:32:48
Meetings. I spoke with Doctor James and make sure that communication is ironed out. 00:32:50
As there might have been an error on our end, so I apologize for that. 00:32:57
The soap as we can get a calendar at least for the next and then. 00:33:01
And and I think according to the ordinance, a year to have monthly meetings. 00:33:05
We were recommending monthly to get things off the ground the first six months or so and then. 00:33:10
Or is otherwise designated. 00:33:17
Thanks, Sir. Thank you. 00:33:20
Doctor Knaable. 00:33:23
Can you forward Doctor James's information to me? So? 00:33:24
Thank you. 00:33:33
OK, so we have a public meeting we have somebody just came up here and and they they talked to us. 00:33:35
But I mean, this was on cue. 00:33:40
Does does. Does he have a right to do that? 00:33:43
Well, I'd have to gather them down. Right point of order, right? 00:33:47
See you. 00:33:54
We won't call the Sergeant at Arms. 00:33:55
So does he have a right to do that? 00:33:59
I would say so, yeah. It would be my responsibility to try and maintain order, correct? 00:34:02
I think they need to sign in first if we're going to do it. 00:34:07
And the time needs to be limited, yeah, and for comment only. 00:34:11
To make a part. That's what I would think we should do. 00:34:17
The answer to the question is no, he does not have a right to do that. OK. 00:34:19
He only has a right to observe. 00:34:25
This meeting and to record the meeting. 00:34:28
He only has a right to speak with the consent of this body. 00:34:32
The consent from this body can come from. 00:34:36
You're also making a decision that we're going to have public comment and then you set the rules for that. 00:34:39
So that's the consent to speak. 00:34:45
Or as the otherwise the the job of the president is to run the meeting. 00:34:47
And so one of the things when we have our. 00:34:52
Ability of individuals to speak. 00:34:57
In terms of public comment. 00:35:01
We at the Commissioners meeting, we limit that to approximately 2 minutes. 00:35:03
And we also limited to public comment. 00:35:08
And the reason we do that is because we don't want to get into a dialogue. 00:35:12
With somebody who has an agenda. 00:35:17
Or something like that and. 00:35:20
That just doesn't ever workout well for anybody. 00:35:23
And so most certainly we can hear public comment and that's what's important is that if somebody's got something to say and it's 00:35:27
an issue that you all decide you want to take up down the road, then then you can or. 00:35:34
However, you might want to address it but. 00:35:41
Just at that point in time, it's just comment. 00:35:43
Do we need to vote to see if we want to allow the public to come up and comment? 00:35:47
She said No, he does not have a right unless the board allows it. So is that something we have to vote on? Unless the president 00:35:54
allows it or the board allows it and so you all as a board can vote. 00:36:00
Because the president's running the meeting. If the president decides based upon the meeting that they feel that. 00:36:06
They wanted to address something right there. The president has the authority to do that. 00:36:14
Or the board collectively can do something too. 00:36:19
The board collectively can decide if you want to have a public comment, you can vote on that. Put that in the agenda it so yes, 00:36:22
the answer the questions you want to vote on it. 00:36:26
You want to all decide how you want to handle your meetings? Yeah, I think public comments should always be open at the end. 00:36:31
Is what I would think. 00:36:37
And then also establish the rules to go with public right. Two minutes. That's good. 00:36:39
No dialogue. 00:36:44
Yep, that's pretty standard. 00:36:46
Yeah. 00:36:49
And I seem we're gonna meet every first Tuesday at 6:00. 00:36:53
It'd probably be the easiest way to do it. Or Thursday. Sorry, Thursday. 00:36:56
Yeah, sorry. 00:37:00
I assume since it's bacon tonight, that this room is available on 1st Thursdays. 00:37:02
And I used to give this. 00:37:10
Open door presentation a number of years ago to, you know, a lot of the different bodies and nobody ever got that question right 00:37:19
about coming up so. 00:37:23
Well, I was on council for four years and we never had an issue like that. Well, that's because you have already preset the rules 00:37:29
when you walked in there, they. 00:37:33
The City Council has. 00:37:37
That rule established, Yeah, if Y'all wanted to change the rule, you could, But once again, you've got that rule. But the 00:37:39
president still has the authority to run the meeting, which includes how the president wants to run it. 00:37:46
Then there's a whole section on electronic meetings of public subdivisions and so. 00:37:59
You can attend by electronic means in this room. 00:38:07
And be allowed to. 00:38:11
Discuss matters and vote. 00:38:15
And all that sort of stuff and it's, it's somewhat complicated in terms of all the little rules associated with it. I'm just going 00:38:17
to highlight it and tell you that. 00:38:22
You can attend two meetings. 00:38:28
Electronically. But then you have to attend the next meeting in person and then you can attend two meetings electronically. 00:38:31
But then you would have to attend. 00:38:38
The next in person. So that's. 00:38:40
That's where the law stops you. You can't. 00:38:43
Unless there is an exception to, there's always exception to the rule, unless you're in the military or you have got a physical. 00:38:46
Handicap something that's happened to you that hasn't allowed you. 00:38:55
To be able to get in here. There's some exceptions to that room, but that the general rule is 2 and one. 00:38:59
Talking about the memoranda. 00:39:35
And our minutes. 00:39:42
You you want to state. 00:39:44
Also in those minutes reflecting the date that you met. 00:39:48
Who was here? 00:39:54
For the meeting in person. 00:39:56
Who attended electronically? 00:39:58
So whenever you have motions, you want to reflect who made the motion, who seconded an emotion, and what the vote was. 00:40:02
And if you if it was. 00:40:15
Unanimous one way or another then? 00:40:19
You can reflect that, but you don't have to. 00:40:22
Who, who voted, which way or anything like that. 00:40:26
And then there's rules associated with in the transmission electronically if that fails. 00:40:39
Some of the other elements don't happen. 00:40:46
Then that person wouldn't be able to to vote. 00:40:49
And there's some quorum requirements in there. And again. 00:40:54
I'm just giving you that so you kind of have a feel for what may come up and your attorney will address all of that when it comes 00:40:58
to. 00:41:02
You know, Yep, we we still have a quorum. 00:41:08
And typically in terms of the vote you're dealing with. 00:41:13
On A5 member board, to pass something, you need at least three members to vote affirmatively for that to pass the issue. 00:41:18
If only three of you are at the meeting. 00:41:26
You're going to have to all three of you pass if. 00:41:29
The majority of two over the one on the three doesn't count. You got to have all three. 00:41:32
And just to make sure I hit everything in regards to your posting. 00:41:49
Requires the date, the time and place of the meeting, the members of the governing body. 00:41:55
Recorded as either present or absent. 00:42:00
This is the memoranda. 00:42:03
The general substance of all matters proposed, discussed are decided. 00:42:05
And a record of all votes taken by individuals. 00:42:11
Individual members if there is a roll call. 00:42:15
So in other words, you can reflect. 00:42:19
It passed 3:00 to 2:00. 00:42:21
But if somebody makes a roll call, then you got to put. 00:42:24
Their names and how they voted. 00:42:28
OK, I've covered everything in the open door law. I'm not going to go into violations, remedies, limit limitations, cost and fees, 00:42:43
civil penalties and all that sort of stuff because I'm sure we won't have any of that. 00:42:49
Be a waste of time, yeah. 00:42:56
OK. Next, let's talk about this board and what you're doing. 00:42:58
OK, we talked about the. 00:43:10
The Disease Control emergency coordinator and we've taken care of that. 00:43:14
Your your authority with regards to your powers, duties and responsibilities are all reflected in this ordinance. 00:43:21
So that's another reason why you want to read this. 00:43:32
In terms of authority with regards to everything that we typically deal with from. 00:43:39
Basically the attorney standpoint, you know, authorities that we're looking at would be the state statute. 00:43:46
The attorney general can issue. 00:43:53
Opinions with regards to authority. 00:43:57
With regards to in meetings dealing with somebody that alleges that you violated the open door law. 00:44:01
That ultimately, A complaint can be filed with the public access counselor in Indianapolis. That's the group. 00:44:12
That. 00:44:19
Deals with these issues. They'll issue an opinion. 00:44:20
Once that opinion is published, that can be appealed to circuit a Superior Court. 00:44:24
And if if you get that far, usually. 00:44:32
It gets resolved either immediately or once the opinions issued by the public access counselor. You get resolutions with that. 00:44:36
That and and most of the times that you deal with that problem, deal with what's called the Open records Act and I'm not going to 00:44:45
get into that today, but that's that's usually when. 00:44:50
The the government hasn't given a record that's been requested and. 00:44:55
So and what happens is when if it gets past the public access counselor and there still isn't resolution, then I. 00:45:02
An appeal can be made to the. 00:45:13
Circuit or Superior Court, like I said. And then when if there's a ruling made? 00:45:16
Affirmatively for. 00:45:22
The petitioner in that case, then attorneys fees attached to that, so it becomes. 00:45:24
More expensive if you lose. 00:45:29
OK, on your ordinance, it says you shout me monthly or is otherwise noticed by the president or three members of the board. 00:45:41
We talked about that. Three members of the board of the president can call meetings. 00:45:49
You shall employ an attorney to advise and represent the Board in legal matters. 00:45:56
You shall have the authority to handle all matters within the jurisdiction of this ordinance. The Floyd County Animal Care and 00:46:03
Control Authority may defer enforcement of this ordinance to the Floyd County Health Department if judicial efficiencies can. 00:46:10
Be recognized at the discretion of the Floyd County Animal Care and Control Authority. 00:46:17
That's in there because. 00:46:23
I represent the Floyd County Health Department and we have had a number of instances in the past where. 00:46:26
A. A residence that we have out there that. 00:46:36
Is not compliant with. 00:46:41
Public safety with regards to their residents. 00:46:47
And a lot of times you also have animals involved in that situation too. 00:46:51
And so we. 00:46:56
We're kind of coordinating with animal control. 00:46:59
And what takes place there? 00:47:02
As well as with the Floyd County Health Department in terms of bringing in action, so. 00:47:06
That usually the cases are brought through the health department and the and we have to deal with what to do with the animals in 00:47:14
that situation and usually. 00:47:19
If it's the place is so unhealthy for humans. 00:47:25
That it causes a problem usually is for animals too. 00:47:30
This board may uphold or reverse a decision made by the animal control officer, Mr. Draper. 00:47:42
Declaring that an animal is a public nuisance or dangerous animal is defined by this ordinance. 00:47:50
You may place the owner of the animal on probation for a period determined by this board. 00:47:58
Which is indeed deemed in the best interest of the animal and the community. 00:48:05
You may place restrictions on the owner during the period of probation that are deemed in the best interest of the animal and the 00:48:11
community. 00:48:14
You'll hear all appeals for permits or revocation of permits within this ordinance. 00:48:21
And they shall come. 00:48:27
This board for a hearing. 00:48:30
These hearings shall be. 00:48:33
Recorded and again, we're talking about hearings now. 00:48:35
Transcripts of these hearings may be made at the expense of any person seeking review of the hearings. 00:48:39
And seeking a review will be either in the Floyd Circuit or Floyd Superior Courts. 00:48:45
And hopefully, in order to avoid all that, the ordinance has made provisions. 00:49:03
That you may meet at your discretion with any person suspected of violating this ordinance for the purpose of informal 00:49:08
negotiations to determine any penalties, or establish a plan to remedy any violations that they're accused of. 00:49:17
People accused of violating this ordinance may also request a conference with the this board to resolve any claim of violation. 00:49:26
These negotiations shall be conducted informally for the purpose of peaceful resolution of claimed violations of the ordinance. So 00:49:37
at the end of the day, you know what you're looking for is what's in the best interest of the animal. 00:49:42
And as well as the parties involved. 00:49:49
And. 00:49:52
Our ordinance goes on to say that meetings conducted under this session. 00:49:55
Section shall be entitled to evidentiary privileges afforded to settlement negotiations under Indiana law, and that's a little 00:49:59
provision that. 00:50:05
Allows for example mediations, and the whole concept behind that is when you have a mediation. 00:50:11
Rules. 00:50:19
Of evidence don't apply as well as. 00:50:22
Anything that is said. 00:50:26
Can't be used as evidence down the road. 00:50:28
When you enter into a mediation and that's kind of the concept here. 00:50:32
It allows everybody to speak freely so that you can get resolution of the issue. 00:50:38
And if you don't get resolution like I said, what was said in that meeting? 00:50:45
Can't be used as evidence in the court. 00:50:52
You have to go back and prove your case. 00:50:57
And of course, any allegations of violations of state criminal law must be referred to the Floyd County prosecutor. 00:51:08
Floyd County prosecutors. 00:51:15
The only person that. 00:51:17
Authority to charge in Floyd County. 00:51:20
The the Sheriff's Department nominee Police Department. 00:51:23
They're charged with investigating. 00:51:28
Putting together probable cause affidavits, submitting those to the prosecutor's office for evaluation and ultimately for 00:51:30
charging. 00:51:35
There's a little section resolution and settlements, another one on judicial enforcement savings clause. 00:51:46
I'll leave that to you to to read as well as. 00:51:53
All of well, I call it the merits of. 00:51:58
The What goes on in terms of animal control? 00:52:02
And I know you all will be working closely with Mr. Draper in terms of moving forward with that. 00:52:06
But with that said that. 00:52:12
That ends everything that I came here to do, and I'll be more than happy to answer any questions that you have. 00:52:16
Well, one one thing that we may want to think about is having like an agenda listed out for the for the board. We can't, I 00:52:25
couldn't send that to everybody because I'd be that'd be a quorum if I said that electronically. 00:52:30
Right. If I sit in a community, like a text message to the entire board, that'd be. That would be. 00:52:35
Ranking public access laws correct? 00:52:40
Are you talking about on an you can communicate with regards to? You know, if you're trying to put together an agenda, sure, you 00:52:44
can do that, but you could do it in one message to everybody. 00:52:50
All right. 00:52:57
Maybe that's one thing we should think about going into the next meeting like the actual. 00:52:58
Firm Agenda. 00:53:03
And then we had a public meeting or public comment there as well. 00:53:05
And then have some some structure to it. 00:53:08
I think we still have to vote on the public comment. Did you say that the board needs to vote on that? We just had the discussion, 00:53:12
but we didn't actually vote on it. I think we need to vote on the public comment part. 00:53:16
And probably the best way to do that is put everything on the shelf at this point. 00:53:23
And then decide what you want. 00:53:29
On the agenda. 00:53:32
Somebody can propose something and. 00:53:33
Send it all out and you know. 00:53:36
Yeah, OK. 00:53:39
How about? How about we? 00:53:43
We propose an agenda, full agenda, next meeting, and we vote on the whole thing and can amend it and do what we want there. I 00:53:45
would like to open. 00:53:49
Public comment at some point tonight just because everybody's here in Chuck first meeting, we didn't have any of that. That's OK. 00:53:53
You're the president? Yeah, I was trying to be cordial. 00:54:00
Rick, do you know if there has been a budget allowed for this board to hire an attorney? I do not. 00:54:04
I'll get with you this week, Commissioner Sharp. 00:54:13
Because I definitely think that we need an attorney. 00:54:17
Yeah, 100%, yeah. 00:54:19
You're gonna need one. 00:54:21
OK. Any any further discussion? 00:54:26
Questions for Mr. Fox. 00:54:30
Great. Well, I would, I would like to hear from Mr. Draper for sure and get maybe an introduction to see what all you've done so 00:54:33
far, if you could keep it brief since it's kind of a an ad hoc meeting tonight I guess. 00:54:39
But. 00:54:46
I've been doing this for about 10 years. It's a really cool job, but. 00:54:49
We've we've done quite a bit. We've probably done. 00:54:55
7580 runs so far this year. 00:54:58
And took about 48 hours. 00:55:01
So apparently we've got 9 animals at the shelter we that work with rescues and transport to get them out. So. 00:55:04
So now I've got six of those not in my house, so they're not actually in cages at the shop. 00:55:10
Good deal. Anything you guys would like to ask, Mr. Draper? 00:55:16
He's our guy. Well, just to comment real quick, Fred, as far as the Sheriff's Office goes and Charlotte probably want to speak to 00:55:20
where the health department is, but for the Sheriff's Office. Anyway, thank you for what you've done at this point. It's really 00:55:26
been a really smooth process. It's been really good for our office. I. 00:55:31
Thank you to the commissioners for providing us with a good ordinance and for for bringing Mr. Draper and his company on board. 00:55:37
It's working out fantastic for us anyway. 00:55:42
You know there there are several parts of this, the public and and knowing what the public wants from animal control, from our 00:55:48
perspective anyway, when we get called, you're very prompt and it's it's very much appreciated. 00:55:53
And that's the same with us, too. We've called you. 00:55:59
Yep, anytime. I I'd like to get my phone number all y'all too, if y'all ever have any questions or anything. And why you're here 00:56:02
If you could, could you, since this is being streamed, tell everybody about where I. 00:56:09
The animal control shelter is. 00:56:16
So how that works. Yeah, so the shelter's in 33,000 lbs. 00:56:19
Industrial Parkway in Jeffersonville. 00:56:23
Right now we're sitting for about 13 cages. We've got some work that's been done to the building to make it a little bit more 00:56:25
accommodating. 00:56:29
But we can't. So there's two of us. It's actually it's me and another guy. That's part time. 00:56:32
So we kind of split dark all stuff and back each other, OK? 00:56:39
I do have one concern, and one of the things that we might want to think about is posting. 00:56:43
What's happening in the county with animal control? So if you do pick up a dog, that would get out of the yard. 00:56:48
The community needs to know how they would go back by trying to find that dog. Since they're not, you do. So you already have a 00:56:55
Facebook that goes out. There's a Facebook page for the Flint County Animal Shelter and then the new Washington Animal Control, 00:57:00
and we posted them both until the transitions, kind of. 00:57:05
And then maybe you might want to put something in the. 00:57:10
Newspaper, maybe even be interviewed by the media to let the community know, since this is new, people that live in the county, if 00:57:13
their dog goes missing, how they would go about fine, because not everybody's on Facebook, not everybody gets the newspaper. Just, 00:57:19
yeah, we've met with the News and Tribune and I think it was wave 3 or 19. 00:57:25
OK. So like that's kind of out there, perfect. 00:57:32
So we also share like to the Georgetown groups or Greenville groups and. 00:57:35
So forth there were the animals picked up. 00:57:39
Well, I have a lot of questions for you, but I'll give you a call or something or something, Yeah. 00:57:42
Sounds good. Thank you. Thank. 00:57:46
Well, I would like to open it up for public comments if it. 00:57:49
If anybody has anything you'd like to say? 00:57:53
It would be a little bit more formal next meeting. 00:57:56
Mr. Mine. 00:58:02
Tim Meyer, Cordon Ridge Rd. Precinct committee man for Georgetown team. 00:58:06
I just want to say on behalf of I guess. 00:58:12
Our neighborhood anyway. Thank you to the commissioners. This has been a long process. Thank you to the board. 00:58:15
If I can add a question to my comment, I would just say does this ordinance apply county wide including? 00:58:22
Incorporated areas of New Albany, Georgetown in Greenville. 00:58:28
Well, I think to Mr. Fox, of course, incorporated areas being Greenville and Georgetown outside the city of New Albany. 00:58:34
They sometimes have their own ordinances, so. 00:58:41
Yeah, we're in the process. Mr. Draper is providing services to. 00:58:43
The unincorporated county. 00:58:49
To Greenville and to Georgetown. 00:58:52
And I'm in the middle of finalizing with. 00:58:55
Each of those two entities. 00:58:58
Just the legalities of them through interlocal or through them adopting our ordinance so that we're uniform. 00:59:01
We're just kind of working through that. But the services are being provided. They're not being provided to New Albany because New 00:59:10
Albany has their own animal control. 00:59:15
Anyone else would like to speak? 00:59:26
All right. Any closing comments from the board? 00:59:29
Take a motion to adjourn. 00:59:33
Motion. 00:59:35
Second, all those in favor say aye. 00:59:36
Nay. 00:59:39
Thank you all. 00:59:43
I don't. 00:59:47

Transcript

Event transcript
And then just stop. 00:00:00
All right. So, yeah, I'll go over that. So welcome to the inaugural meeting of the Floyd Cannon, Floyd County Animal Control 00:00:07
Board. 00:00:13
It's a little bit unusual because it's a it's a launch meeting. So I'm not even going to officially call this to order. I'm going 00:00:21
to let the new president be that momentarily. 00:00:25
A couple of. 00:00:30
House rules. You want to turn your microphones on and those are live mics, so don't see anything you would once your mom or 00:00:31
grandma to hear. 00:00:35
Or however many people watch this. 00:00:40
I and John and Jason all wanted to say just a couple of words #1. 00:00:45
Collectively, we're so proud of you all for stepping up. 00:00:50
It's one thing to talk about public service. It's another to do it. 00:00:54
I I congratulate you for doing it. I'm envious of you, actually, because. 00:00:59
You guys get a chance to put your stamp on something from the beginning over the next year. 00:01:03
I know that the terms are staggered for a reason that mean that we wanted one person to serve more than another. 00:01:08
It just meant that we wanted to stagger this because that's the way that these boards are usually laid out. So this. 00:01:15
Is going to the public and will be on the record for the Floyd County Government website. 00:01:22
And again, we have a quorum 4 out of five for the inaugural meeting. 00:01:28
Perhaps in a minute, after John and Jason speak, you guys can just introduce yourself to the public a little bit. 00:01:34
Why you volunteered to serve and what you hope to put forward and then Rick's going to take over the the meeting thereafter? 00:01:40
For the bulk of things. 00:01:46
So your first order of business will be to elect the board of officers. 00:01:49
Some of you who have experience at the microphone, so maybe don't. If you need to confer with one another for a minute, you can do 00:01:55
that. If you just want to draw straws, you can do that. If you want to just nominate Doctor James, she's not here. You can do that 00:02:00
too, and then someone can run the meeting in her absence for the first one. 00:02:04
So I know we have Josh Turner, we have Jeff Perkins, we have Dana Wolf with Charlotte Bass. And with that, let John say a few 00:02:10
words. And then Jason's been very passionate about this project as well. So we'll let him have the final word from the 00:02:15
commissioners on that. 00:02:21
I'm gonna be brief. I think it's this is a probably one of the better things that we've done in a long time. 00:02:27
But I think we've got a really good board and so it's going to be on your own shoulders. But again, the commissioners are here to 00:02:34
to back you up and provide any kind of support that you all may need during your endeavor. 00:02:40
And but anyway, thank you for taking on the responsibility. 00:02:46
Stepping up, we really appreciate that. 00:02:49
Thank you. 00:02:52
You know, this was probably one of my very first major tasks that I took on when I became a Commissioner and. 00:02:53
You know this this? 00:03:02
This ordinance was a real collaborative effort, not just. 00:03:03
From the county, but working with others outside the county, you know we collaborated with. 00:03:07
Some of the most respected names in this area in regards to animal control and we worked very closely with a couple different 00:03:11
animal rescue groups, so we put a lot of heart and soul into this. 00:03:17
Ordinance. I'm extremely proud of it and. 00:03:23
You know, for me, turning this over to this board today is the final piece. 00:03:26
Of all this work that we have done over the last several months, you know we. 00:03:32
We were able to craft the ordinance. We have our service provider, which you all will probably meet here very shortly. Mr. Draper, 00:03:38
who is here with us tonight. 00:03:41
And uh. 00:03:45
I'm just excited to see what this board can do to make sure that you know the. 00:03:46
The the animals of Floyd County are treated with care and compassion. You know, this is something that I'm very proud of. I look 00:03:52
forward to seeing what you guys can do with it. Thank you. 00:03:56
And we are not here to micromanage. We like to pick the people and then get out of their way. So with that being said. 00:04:02
A brief word on gavels. Don't touch the big one in case of emergency. That's that's what that's there for. Otherwise, this is the 00:04:08
one for the meetings. 00:04:11
We're going to step aside literally, Rick, if you want to walk them through officer election and and while the commissioners are 00:04:15
still here, I want to address one thing. 00:04:20
And that is according to our ordinance, the Floyd County Commissioners shall designate a county animal. 00:04:24
Disease Control Emergency coordinator. 00:04:32
Say that three times in a row, So. 00:04:36
We're going to be electing a president, a vice president and a secretary. 00:04:40
We've got a 5 member board. 00:04:45
That's another position that a board member can hold, but the commissioners have to do the appointment and that appointment can 00:04:47
be. 00:04:51
One of the members of this board. 00:04:56
So it's up to the commissioners. 00:04:58
Are interested in appointing somebody other than. 00:05:01
On the board, that's EUR call or when we go through we can appoint. 00:05:06
The officers and then from that just see if anybody's interested in filling that position and then. 00:05:12
We can this board can send that name to the commissioners for. 00:05:20
Review and approval at your one of your regular meetings. I assume that. 00:05:25
Person could hold dual positions. 00:05:31
You could be, that person could be. 00:05:34
Leadership as well as this one as well, is that correct? OK and the the animal? 00:05:37
Disease Control coordinator Shot Distributor information is directed by the State Board of Animal Health. 00:05:44
So that's what your job is. I like your last thought on it. I'd like to take a recommendation from the board, from the board on 00:05:50
that. 00:05:54
It'll facilitate communication to have it directly from the member of that body. 00:05:59
All right. 00:06:06
Commissioners at the moment. 00:06:52
2. 00:06:56
OK. 00:07:10
Really, it's up to you all how you want to decide to. 00:07:12
Discuss and ultimately like the officers here. 00:07:16
So, man. 00:07:21
Doctor Is it Doctor James? Is Doctor James a veterinarian? Is that the I got you? 00:07:25
What is your opinion about regarding the ordinance with the position of animal disease coordinator? 00:07:30
We would be better served with her in that position because of. 00:07:36
Her ability, her. 00:07:41
That's your decision. I think that would be a. 00:07:43
A good time. 00:07:46
I would nominate her to that position. 00:07:48
Well, first we need to elect. 00:07:52
Officers got you so president. 00:07:54
Vice President and Secretary probably be best to elect the president 1st and. 00:07:56
It would be easier. Well, if if she was elected as president, then Vice president would control the rest of the meeting. 00:08:03
So whoever gets elected. 00:08:12
As president will control the meeting. If they're not here, then it's the vice president, so. 00:08:15
I'm passing the torch to view 4 members to figure out how you want to elect the president and go through. 00:08:23
Process of doing that and then the same with the vice president. 00:08:31
The same secretary. Well, I think when when I read over this. 00:08:35
We each bring something to the table from different parts of government. So I'm I'm the chief deputy of the Floyd County Sheriff's 00:08:39
Office from law enforcement and I know Charlotte from the health department. Josh. 00:08:45
What What is your background? And Yep, Josh Turner, former City Councilman. I'm an IT engineer at Sam Tech. So. 00:08:51
Mixing that to the table and Dana. 00:09:00
I'm a resident. 00:09:03
I'm a Floyd County resident. 00:09:05
My whole life basically, so. 00:09:08
Charles, I would ask you with your position at the health department. 00:09:12
Do you believe in this new board that that's something as president that you would be suited for or Doctor James as a 00:09:16
veterinarian? 00:09:20
Would be better suited for that. What are your thoughts about that? 00:09:24
I don't mind doing it. 00:09:29
I was thinking with the disease. 00:09:33
Investigations of the animals, we would if something like that would happen and there would be a emergency outbreak, it would be 00:09:36
the health department along with the local veterinarians that be working with the state. 00:09:42
So I don't know if I. 00:09:49
Might be better suited for that, like when we had the positive skunk for babies. 00:09:50
We were notified right away. We worked with the other counties on that. 00:09:58
I think I might be better with that with my connection with the state. 00:10:03
But I'll do whatever. 00:10:07
Is there anyone that's interested in a certain specific position? 00:10:10
President, Vice President, Secretary. 00:10:14
Charlotte's conveyed that you might be interested in the. 00:10:17
Animal disease. 00:10:20
'Cause I'm about to nominate Josh Turner. I'll be, I'll be, I'll be, I'll be President of Vice. I don't mind. 00:10:25
I really don't mind either way. 00:10:30
I nominate Josh Turner as president, OK? 00:10:32
And I don't mind to be vice president, but I would like to help because I also think that we need emergency plan in Floyd County 00:10:35
in case of a disaster. What are we going to do in the county with the animals? 00:10:40
Do we have a second for Josh Turner as the lighter for president? 00:10:48
All in favor, aye. 00:10:55
All opposed. 00:10:57
Josh All right, I'll take over. 00:10:59
Hey, thanks. 00:11:06
I call the meeting to order of the Animal Control Board. 00:11:07
Business we've got. 00:11:13
Discussion of. 00:11:15
We have to elect the vice president. Oh, I'm sorry. We still have election of officers. 00:11:18
We Is there someone that would like to be vice vice president? 00:11:24
Charlie, are you OK with that? All right. 00:11:27
2nd 2nd. 00:11:31
All in favor. 00:11:33
Aye. 00:11:36
Motion. Motion passes. 00:11:37
And now we have to vote in for a secretary. 00:11:40
Now look, now Secretary will be taking notes for the meeting. Is that correct? 00:11:45
Yes, OK. 00:11:49
And we're going to need a thing called either minutes or memoranda. 00:11:53
Put together, and that's the secretary's job to do that. 00:11:59
As well as to do the public notices. 00:12:04
For the hearings. 00:12:07
Our hearings are if you. 00:12:09
Have meetings. 00:12:13
Whether it be regular meetings or. 00:12:15
Executive sessions and then lastly with regards to the agendas. 00:12:21
That are set for the meetings. 00:12:26
There's a requirement to post the agenda before the meeting starts outside of the meeting. 00:12:30
So those are the basic responsibilities of the secretary. 00:12:36
If nominated, I would accept the secretary. 00:12:41
Nomination. 00:12:45
It looks like a nomination. 00:12:47
A second second. 00:12:50
All those in favor? 00:12:54
Say aye, aye. 00:12:57
Motion carries. All right, the next item on our agenda is discussion of the Ordinance, Animal Care and Control Ordinance. 00:13:00
I guess I'd open up for discussion. 00:13:07
About the details of it. 00:13:11
Great. 00:13:13
In terms of. 00:13:18
The animal control officer. 00:13:21
Why don't we get a consensus of the board and let you vote on? 00:13:24
Who that person is so that that name can be given to the Commissioners. 00:13:30
As a recommendation from this board. 00:13:36
OK, I would nominate Charlie Bass for animal disease coordinate. 00:13:38
2nd a second then. 00:13:48
With a proper second, all those in favor say aye. 00:13:52
Motion carries. Talk about two things all right today. 00:13:55
One is. 00:14:02
The open door. 00:14:03
And that has to do with. 00:14:05
Rules with regards to conducting your meetings. 00:14:09
And the things that you have to. 00:14:13
And then secondly, we're going to talk about your duties and responsibilities and powers. 00:14:15
And those are defined in the ordinance itself. 00:14:20
So I'm going to highlight that, but you have copies of the ordinance that have been handed to you. 00:14:23
And so I would recommend that you read all. 00:14:31
Everything that's in that ordinance and reread. Everything that's in the ordinance or just a ton of information that. 00:14:36
That Jason and. 00:14:43
Everybody involved put into that ordinance and. 00:14:45
Even after you've read it and reread it. 00:14:49
You're going to have to have it ready to pull out as circumstances come up to figure out what to do. It's. 00:14:52
It's a comprehensive document. 00:14:59
So with regards to the open door law. 00:15:02
I think it's it's easy if you conceptualize. 00:15:08
What we do? 00:15:13
In political subdivisions, have meetings. 00:15:16
And and maybe three different categories, the first category being. 00:15:20
What is not a meeting? 00:15:25
Because. 00:15:28
That's important because you don't have all the rules that are associated with a meeting. 00:15:30
So you need to know what you can do and what is not a meeting. 00:15:36
And then you have. 00:15:40
What is a meeting and we'll talk about that. And then lastly, what is an executive session? 00:15:42
And an executive session is different than a meeting which is public and whereas the executive session you all can meet in 00:15:49
private. 00:15:53
And you don't have all the rules associated with a public meeting. 00:15:58
So to start with. 00:16:03
The question what? 00:16:06
Is not a mating. 00:16:08
To start with, it's any social or chance gathering not intended to avoid this chapter. So if you all ran into each other at a 00:16:14
restaurant. 00:16:18
Y'all had a good time. That's not a meeting. 00:16:24
Any on site inspection of any project, program, or facilities of applicants. 00:16:28
We. 00:16:36
Our new health board just recently and we all met at the Floyd County Health Department. So we met at those facilities because the 00:16:38
board members wanted to see the facilities. 00:16:44
And then in addition one of the other. 00:16:50
Things that's not a meeting is. 00:16:53
An orientation of members of the governing body on their role and responsibilities as public officials, but not for any. 00:16:58
Other official action actions. So really there was 2 aspects of what is not a meeting that took place at our. 00:17:06
We'll call it a gathering. 00:17:14
Because it's not a meeting. 00:17:16
So also with regards to what is not a meeting, traveling to and attending meetings of organizations devoted to the betterment of 00:17:20
government. 00:17:25
A caucus that typically deals with political stuff. 00:17:30
A gathering to discuss and even the statute cause of the gathering to discuss in an industrial or commercial prospect. 00:17:34
There's all kinds of other little rules with that. So that would you got to dial down on that if. 00:17:44
If you want to do that in executive session. 00:17:52
A gathering for the sole purpose of administering an oath. So if you're getting sworn in, that's that's not a meeting. 00:17:56
Collective bargaining is negotiations or discussions is not a meeting. 00:18:04
So I. 00:18:10
That's the extent of what is not a meeting. 00:18:14
That you can do. 00:18:17
Now what is a meeting? Statutorily means it's a gathering of a majority of the governing bodies. 00:18:20
Of a public agency for the purpose of taking official action. 00:18:28
Upon public business. 00:18:34
And so, official action, what is that? That's to receive information. 00:18:36
To deliberate, to make recommendations, to establish policy. 00:18:42
To make decisions. 00:18:47
Or take final action. 00:18:49
So that's pretty comprehensive. 00:18:51
And it's an so. 00:18:54
You're doing any of that? 00:18:55
You're doing a meeting. 00:18:57
Alrighty. 00:19:04
Let's talk about executive session. 00:19:07
An executive session is a meeting from which the public is excluded. 00:19:10
Accept the Governing Body may admit persons necessary to carry out its purpose. 00:19:15
The governing body may also admit an individual who has been elected to the governing body but has not been sworn in as a member 00:19:21
of the body. 00:19:25
In an executive session. 00:19:31
That again. 00:19:34
You you have that only under certain circumstances. 00:19:36
And let's go through that. 00:19:42
Again, this is an exception to the the meeting rule. 00:19:55
So executive sessions may be held only in the following instances. 00:20:00
Where authorized by Federal or state statute. 00:20:07
To discuss. 00:20:10
Strategy with respect to the following. 00:20:13
Collective bargaining. 00:20:16
Initiation of litigation. 00:20:18
Security systems. 00:20:22
A real property transaction that includes a purchase, a lease, A lease says, whether it be lease or or lease. See a transfer and 00:20:25
exchange or a sale by the governing body up and to the point in time. 00:20:31
That the contract or the option is executed and that has to be done in the public meeting. 00:20:39
Interviews and negotiations with industrial, our commercial prospects, again, there's all kinds of other rules with that. 00:20:46
To receive information about an interview prospective employees. 00:20:57
With respect to any individual over whom the government body has jurisdiction. 00:21:03
To receive information concerning their alleged misconduct. 00:21:10
For discussion of records classified by state or federal statute. 00:21:16
To discuss job performance. 00:21:23
And evaluate individual employees. 00:21:27
And when considering the appointment of a public official. 00:21:31
And so. 00:21:35
Appointing a public official, there's all kinds of rules established. 00:21:39
With that process you if you have, if you're doing something like that and you have 10 applicants, you can meet to. 00:21:43
To an executive session to discard. 00:21:52
A certain number of those applicants. 00:21:56
But you have to interview and select at least three of the applicants, or more if you decide to. 00:21:58
And so again, I'm not going to get into details of all that, but that's that's a process that you go through. 00:22:05
From 10,000 feet. 00:22:12
In terms of executive sessions? 00:22:14
When you have executive sessions, you don't have minutes. 00:22:24
And the other thing about executive sessions is that it's confidential. 00:22:28
I mean, this isn't something that you have an executive session in and talk about that. 00:22:33
And then go out and disclose that confidential information somewhere else. 00:22:39
That's not supposed to happen. 00:22:44
So it's supposed to stay between the members. 00:22:47
Any questions on any of that? That's just. 00:22:53
Basically what is a meeting was not a meeting and then the exception for the executive session. 00:22:55
To post an executive session, how far in advance do you have to do that? 00:23:01
OK, publication of for purposes of the Secretary. 00:23:06
You have 48 hours. Notice that you have to. 00:23:12
Give for a meeting. 00:23:17
So. 00:23:18
A lot of times what? 00:23:22
Public bodies will do is they will go ahead and set their meetings at a certain time. 00:23:24
Pet place and location. 00:23:30
For all their regular meetings for the year. 00:23:33
And once you do that and publicize that, that's good for the year. 00:23:36
In terms of the notice, but I always like to see that. 00:23:42
You know the you adhere to the 48 hour. 00:23:48
Notice also because we usually like to be. 00:23:53
Transparent and sometimes go a little overboard if we can in terms of and that's why we have streaming of. 00:23:56
Our meetings and that type thing. 00:24:05
Speaking that you have a right to have your meeting somewhere other than here. 00:24:07
As a board that the Commissioners have preferred that. 00:24:13
As as a part of transparency that the meetings be held here because this is a facility. 00:24:17
That allows streaming and so. 00:24:24
The transparency is is great with regards to that. 00:24:29
I'll get to some of the little rules about that here in a minute, but you know it. 00:24:33
It also requires that the. 00:24:39
The stream be put on the website and it's there for six months. And so if somebody had missed a meeting, they can go on to the 00:24:43
website and view the meeting. And so once again, it's making sure that the public has access to everything that the different 00:24:49
government bodies are doing. 00:24:55
But you know, there may be, for example with the health department, a reason why they want to have a meeting at a different 00:25:02
location. Again, you got the you have to publicize. 00:25:07
That within 48 hours. 00:25:13
In the notice itself you have to put the name of your body. 00:25:15
You have to put a. 00:25:21
Where you're having your meeting. 00:25:24
What kind of a meeting it is? 00:25:27
What time the meeting is. 00:25:30
In other words, all the information somebody would need to know. 00:25:32
When and where to show up? 00:25:36
There is a requirement in the Statute that you also put in that if the meeting is streamed. 00:25:40
How do you get to that streaming to be able to view it? 00:25:49
There's also disclosures that need to be in there for disabled individuals. 00:25:53
And so probably what would be best is if you just got a copy of. 00:25:59
From Susanna Worrell. 00:26:04
And the county Commissioner's Office of what one of our notices looks like and just kind of. 00:26:07
All of that, you know. 00:26:12
You'll hit all the high points. 00:26:13
Does that answer your question? 00:26:18
Thank you. All righty. I. 00:26:20
So again we're we're streaming these meetings here. 00:26:24
And I think I've covered. Uh. 00:26:31
Most of it we also keep after the six months, we keep archived copies. The public has a right to get those, but we can charge a 00:26:35
fee for that if we wish. Otherwise, for the first six months, those are free right there online. 00:26:42
And. 00:26:52
In terms of our meetings, you're required to prepare a. 00:26:55
The agenda that we talked about. 00:27:01
Which is something that gets posted outside this meeting. 00:27:04
Usually what? 00:27:10
Some bodies do. 00:27:14
Is that they will require that if something is going to be on the agenda. 00:27:16
That, for example, the commissioners, they want that on the agenda at least 48 hours before. 00:27:22
We have the meeting. 00:27:30
So that all the commissioners know what's going to be going on with regards to that meeting that and then if there's anything that 00:27:31
that comes up within that last 48 hours, the commissioners can vote to go ahead and address it. 00:27:38
If they want to, or if they feel that they need more time to that. 00:27:46
What it is that? 00:27:50
Making a decision that then they can go ahead and put it off. 00:27:52
That it takes all three commissioners. So that's. 00:27:56
How they handle it? Any agenda items or anything such as that should go to Susanna, no? Is that correct For posting and for 00:27:59
posting outside or is that? 00:28:04
Yeah, you can just bring the agenda with you and post it outside this room and that takes care of your responsibility. 00:28:08
But if you get it prepared ahead of time, usually most members like that, it's good that they see what is going to be on the 00:28:15
agenda. So I. 00:28:19
You know, you can pick up the phone and call House. All this is on the agenda. What's the deal? 00:28:24
You know, yeah, I haven't seen anything about it, so. 00:28:29
People don't like getting caught when they're on the board. 00:28:32
Cold about an issue and so it's. 00:28:35
Hopefully in terms of your all's communication that you all when something is coming up that all the members are made aware of 00:28:40
what the issue is and then as you go through the progress of. 00:28:46
Of evaluating that whole thing, that you're sharing that information with everybody, and then that makes things work out a lot 00:28:53
better. 00:28:56
Than just to have things pop up out of nowhere. 00:29:00
Speaking of meetings that. 00:29:05
There, there's another situation, an exception to the rule of. 00:29:08
You're 48 hours notice and that is if you have to have an emergency meeting. 00:29:12
So that's another exception to the rule. If we have for example. 00:29:16
A An environmental disaster that pops up. 00:29:24
And this board believes either the president or three members of the board, and that's who can call a meeting according to the 00:29:29
rules. 00:29:33
Believe that you need to have an emergency meeting. You can call that emergency meeting or regular meeting. 00:29:39
With 48 hours notice, the one rule about having an emergency meeting. 00:29:46
Is that when you meet? 00:29:52
You need, when you start the meeting, declare that this is an emergency meeting and then make sure that's reflected in the 00:29:54
minutes. 00:29:57
So that that takes care of any issues down the road regarding. 00:30:02
The fact that you didn't adhere to the 48 hour notice rule. 00:30:07
That protects you from that. 00:30:12
Speaking of that, while we're at it, you have a right to hire an attorney to represent this board. 00:30:15
We currently don't have an attorney. 00:30:19
And I'm not sure about the the financial aspect of all that. 00:30:22
But anyway, that's something that. 00:30:29
You're the President and this board can address with the commissioners in terms of going forward with that. 00:30:33
To your knowledge, Rick, are there many boards such as this that? 00:30:40
Aren't represented legally. 00:30:44
Most boards in Floyd County similar to this having a turn. Most boards have an attorney. 00:30:47
So Dad, just wanted to put that on your platter. 00:30:55
If you have. 00:31:07
A technical failure with regards to the meeting, for example, we had. 00:31:10
A storm water meeting on Tuesday night and we had a technical failure and we couldn't stream. 00:31:17
And so. 00:31:24
You have a right to go ahead and. 00:31:27
Have the meeting that doesn't change the rules. 00:31:29
And so a technical failure does not prevent the governing body from conducting the meeting, does not affect the validity. 00:31:35
Of an action taken by the Governing Body at the meeting does not violate this chapter or any statute concerning the retention, 00:31:43
preservation, or production of public records. 00:31:48
And it does not subject any person to civil or criminal liability. 00:31:53
So once again that what you want to do is if you have that failure. 00:31:58
That. That That's noted in the Minutes. 00:32:03
So that if somebody comes in later on, say, hey, you didn't do this or that. 00:32:08
You've got in your Minutes because the Minutes reflect everything. 00:32:13
You have it in your minutes that we had a technical failure and so therefore the meeting wasn't streamed. 00:32:18
And that protection. 00:32:23
OK, so we've we've gotten ourselves, we're sitting in a meeting and you, Yes. 00:32:33
Pardon the Interruption, I need to be. 00:32:40
11 Action I think needs to come out of the meeting tonight is. 00:32:43
A calendar for future. 00:32:48
Meetings. I spoke with Doctor James and make sure that communication is ironed out. 00:32:50
As there might have been an error on our end, so I apologize for that. 00:32:57
The soap as we can get a calendar at least for the next and then. 00:33:01
And and I think according to the ordinance, a year to have monthly meetings. 00:33:05
We were recommending monthly to get things off the ground the first six months or so and then. 00:33:10
Or is otherwise designated. 00:33:17
Thanks, Sir. Thank you. 00:33:20
Doctor Knaable. 00:33:23
Can you forward Doctor James's information to me? So? 00:33:24
Thank you. 00:33:33
OK, so we have a public meeting we have somebody just came up here and and they they talked to us. 00:33:35
But I mean, this was on cue. 00:33:40
Does does. Does he have a right to do that? 00:33:43
Well, I'd have to gather them down. Right point of order, right? 00:33:47
See you. 00:33:54
We won't call the Sergeant at Arms. 00:33:55
So does he have a right to do that? 00:33:59
I would say so, yeah. It would be my responsibility to try and maintain order, correct? 00:34:02
I think they need to sign in first if we're going to do it. 00:34:07
And the time needs to be limited, yeah, and for comment only. 00:34:11
To make a part. That's what I would think we should do. 00:34:17
The answer to the question is no, he does not have a right to do that. OK. 00:34:19
He only has a right to observe. 00:34:25
This meeting and to record the meeting. 00:34:28
He only has a right to speak with the consent of this body. 00:34:32
The consent from this body can come from. 00:34:36
You're also making a decision that we're going to have public comment and then you set the rules for that. 00:34:39
So that's the consent to speak. 00:34:45
Or as the otherwise the the job of the president is to run the meeting. 00:34:47
And so one of the things when we have our. 00:34:52
Ability of individuals to speak. 00:34:57
In terms of public comment. 00:35:01
We at the Commissioners meeting, we limit that to approximately 2 minutes. 00:35:03
And we also limited to public comment. 00:35:08
And the reason we do that is because we don't want to get into a dialogue. 00:35:12
With somebody who has an agenda. 00:35:17
Or something like that and. 00:35:20
That just doesn't ever workout well for anybody. 00:35:23
And so most certainly we can hear public comment and that's what's important is that if somebody's got something to say and it's 00:35:27
an issue that you all decide you want to take up down the road, then then you can or. 00:35:34
However, you might want to address it but. 00:35:41
Just at that point in time, it's just comment. 00:35:43
Do we need to vote to see if we want to allow the public to come up and comment? 00:35:47
She said No, he does not have a right unless the board allows it. So is that something we have to vote on? Unless the president 00:35:54
allows it or the board allows it and so you all as a board can vote. 00:36:00
Because the president's running the meeting. If the president decides based upon the meeting that they feel that. 00:36:06
They wanted to address something right there. The president has the authority to do that. 00:36:14
Or the board collectively can do something too. 00:36:19
The board collectively can decide if you want to have a public comment, you can vote on that. Put that in the agenda it so yes, 00:36:22
the answer the questions you want to vote on it. 00:36:26
You want to all decide how you want to handle your meetings? Yeah, I think public comments should always be open at the end. 00:36:31
Is what I would think. 00:36:37
And then also establish the rules to go with public right. Two minutes. That's good. 00:36:39
No dialogue. 00:36:44
Yep, that's pretty standard. 00:36:46
Yeah. 00:36:49
And I seem we're gonna meet every first Tuesday at 6:00. 00:36:53
It'd probably be the easiest way to do it. Or Thursday. Sorry, Thursday. 00:36:56
Yeah, sorry. 00:37:00
I assume since it's bacon tonight, that this room is available on 1st Thursdays. 00:37:02
And I used to give this. 00:37:10
Open door presentation a number of years ago to, you know, a lot of the different bodies and nobody ever got that question right 00:37:19
about coming up so. 00:37:23
Well, I was on council for four years and we never had an issue like that. Well, that's because you have already preset the rules 00:37:29
when you walked in there, they. 00:37:33
The City Council has. 00:37:37
That rule established, Yeah, if Y'all wanted to change the rule, you could, But once again, you've got that rule. But the 00:37:39
president still has the authority to run the meeting, which includes how the president wants to run it. 00:37:46
Then there's a whole section on electronic meetings of public subdivisions and so. 00:37:59
You can attend by electronic means in this room. 00:38:07
And be allowed to. 00:38:11
Discuss matters and vote. 00:38:15
And all that sort of stuff and it's, it's somewhat complicated in terms of all the little rules associated with it. I'm just going 00:38:17
to highlight it and tell you that. 00:38:22
You can attend two meetings. 00:38:28
Electronically. But then you have to attend the next meeting in person and then you can attend two meetings electronically. 00:38:31
But then you would have to attend. 00:38:38
The next in person. So that's. 00:38:40
That's where the law stops you. You can't. 00:38:43
Unless there is an exception to, there's always exception to the rule, unless you're in the military or you have got a physical. 00:38:46
Handicap something that's happened to you that hasn't allowed you. 00:38:55
To be able to get in here. There's some exceptions to that room, but that the general rule is 2 and one. 00:38:59
Talking about the memoranda. 00:39:35
And our minutes. 00:39:42
You you want to state. 00:39:44
Also in those minutes reflecting the date that you met. 00:39:48
Who was here? 00:39:54
For the meeting in person. 00:39:56
Who attended electronically? 00:39:58
So whenever you have motions, you want to reflect who made the motion, who seconded an emotion, and what the vote was. 00:40:02
And if you if it was. 00:40:15
Unanimous one way or another then? 00:40:19
You can reflect that, but you don't have to. 00:40:22
Who, who voted, which way or anything like that. 00:40:26
And then there's rules associated with in the transmission electronically if that fails. 00:40:39
Some of the other elements don't happen. 00:40:46
Then that person wouldn't be able to to vote. 00:40:49
And there's some quorum requirements in there. And again. 00:40:54
I'm just giving you that so you kind of have a feel for what may come up and your attorney will address all of that when it comes 00:40:58
to. 00:41:02
You know, Yep, we we still have a quorum. 00:41:08
And typically in terms of the vote you're dealing with. 00:41:13
On A5 member board, to pass something, you need at least three members to vote affirmatively for that to pass the issue. 00:41:18
If only three of you are at the meeting. 00:41:26
You're going to have to all three of you pass if. 00:41:29
The majority of two over the one on the three doesn't count. You got to have all three. 00:41:32
And just to make sure I hit everything in regards to your posting. 00:41:49
Requires the date, the time and place of the meeting, the members of the governing body. 00:41:55
Recorded as either present or absent. 00:42:00
This is the memoranda. 00:42:03
The general substance of all matters proposed, discussed are decided. 00:42:05
And a record of all votes taken by individuals. 00:42:11
Individual members if there is a roll call. 00:42:15
So in other words, you can reflect. 00:42:19
It passed 3:00 to 2:00. 00:42:21
But if somebody makes a roll call, then you got to put. 00:42:24
Their names and how they voted. 00:42:28
OK, I've covered everything in the open door law. I'm not going to go into violations, remedies, limit limitations, cost and fees, 00:42:43
civil penalties and all that sort of stuff because I'm sure we won't have any of that. 00:42:49
Be a waste of time, yeah. 00:42:56
OK. Next, let's talk about this board and what you're doing. 00:42:58
OK, we talked about the. 00:43:10
The Disease Control emergency coordinator and we've taken care of that. 00:43:14
Your your authority with regards to your powers, duties and responsibilities are all reflected in this ordinance. 00:43:21
So that's another reason why you want to read this. 00:43:32
In terms of authority with regards to everything that we typically deal with from. 00:43:39
Basically the attorney standpoint, you know, authorities that we're looking at would be the state statute. 00:43:46
The attorney general can issue. 00:43:53
Opinions with regards to authority. 00:43:57
With regards to in meetings dealing with somebody that alleges that you violated the open door law. 00:44:01
That ultimately, A complaint can be filed with the public access counselor in Indianapolis. That's the group. 00:44:12
That. 00:44:19
Deals with these issues. They'll issue an opinion. 00:44:20
Once that opinion is published, that can be appealed to circuit a Superior Court. 00:44:24
And if if you get that far, usually. 00:44:32
It gets resolved either immediately or once the opinions issued by the public access counselor. You get resolutions with that. 00:44:36
That and and most of the times that you deal with that problem, deal with what's called the Open records Act and I'm not going to 00:44:45
get into that today, but that's that's usually when. 00:44:50
The the government hasn't given a record that's been requested and. 00:44:55
So and what happens is when if it gets past the public access counselor and there still isn't resolution, then I. 00:45:02
An appeal can be made to the. 00:45:13
Circuit or Superior Court, like I said. And then when if there's a ruling made? 00:45:16
Affirmatively for. 00:45:22
The petitioner in that case, then attorneys fees attached to that, so it becomes. 00:45:24
More expensive if you lose. 00:45:29
OK, on your ordinance, it says you shout me monthly or is otherwise noticed by the president or three members of the board. 00:45:41
We talked about that. Three members of the board of the president can call meetings. 00:45:49
You shall employ an attorney to advise and represent the Board in legal matters. 00:45:56
You shall have the authority to handle all matters within the jurisdiction of this ordinance. The Floyd County Animal Care and 00:46:03
Control Authority may defer enforcement of this ordinance to the Floyd County Health Department if judicial efficiencies can. 00:46:10
Be recognized at the discretion of the Floyd County Animal Care and Control Authority. 00:46:17
That's in there because. 00:46:23
I represent the Floyd County Health Department and we have had a number of instances in the past where. 00:46:26
A. A residence that we have out there that. 00:46:36
Is not compliant with. 00:46:41
Public safety with regards to their residents. 00:46:47
And a lot of times you also have animals involved in that situation too. 00:46:51
And so we. 00:46:56
We're kind of coordinating with animal control. 00:46:59
And what takes place there? 00:47:02
As well as with the Floyd County Health Department in terms of bringing in action, so. 00:47:06
That usually the cases are brought through the health department and the and we have to deal with what to do with the animals in 00:47:14
that situation and usually. 00:47:19
If it's the place is so unhealthy for humans. 00:47:25
That it causes a problem usually is for animals too. 00:47:30
This board may uphold or reverse a decision made by the animal control officer, Mr. Draper. 00:47:42
Declaring that an animal is a public nuisance or dangerous animal is defined by this ordinance. 00:47:50
You may place the owner of the animal on probation for a period determined by this board. 00:47:58
Which is indeed deemed in the best interest of the animal and the community. 00:48:05
You may place restrictions on the owner during the period of probation that are deemed in the best interest of the animal and the 00:48:11
community. 00:48:14
You'll hear all appeals for permits or revocation of permits within this ordinance. 00:48:21
And they shall come. 00:48:27
This board for a hearing. 00:48:30
These hearings shall be. 00:48:33
Recorded and again, we're talking about hearings now. 00:48:35
Transcripts of these hearings may be made at the expense of any person seeking review of the hearings. 00:48:39
And seeking a review will be either in the Floyd Circuit or Floyd Superior Courts. 00:48:45
And hopefully, in order to avoid all that, the ordinance has made provisions. 00:49:03
That you may meet at your discretion with any person suspected of violating this ordinance for the purpose of informal 00:49:08
negotiations to determine any penalties, or establish a plan to remedy any violations that they're accused of. 00:49:17
People accused of violating this ordinance may also request a conference with the this board to resolve any claim of violation. 00:49:26
These negotiations shall be conducted informally for the purpose of peaceful resolution of claimed violations of the ordinance. So 00:49:37
at the end of the day, you know what you're looking for is what's in the best interest of the animal. 00:49:42
And as well as the parties involved. 00:49:49
And. 00:49:52
Our ordinance goes on to say that meetings conducted under this session. 00:49:55
Section shall be entitled to evidentiary privileges afforded to settlement negotiations under Indiana law, and that's a little 00:49:59
provision that. 00:50:05
Allows for example mediations, and the whole concept behind that is when you have a mediation. 00:50:11
Rules. 00:50:19
Of evidence don't apply as well as. 00:50:22
Anything that is said. 00:50:26
Can't be used as evidence down the road. 00:50:28
When you enter into a mediation and that's kind of the concept here. 00:50:32
It allows everybody to speak freely so that you can get resolution of the issue. 00:50:38
And if you don't get resolution like I said, what was said in that meeting? 00:50:45
Can't be used as evidence in the court. 00:50:52
You have to go back and prove your case. 00:50:57
And of course, any allegations of violations of state criminal law must be referred to the Floyd County prosecutor. 00:51:08
Floyd County prosecutors. 00:51:15
The only person that. 00:51:17
Authority to charge in Floyd County. 00:51:20
The the Sheriff's Department nominee Police Department. 00:51:23
They're charged with investigating. 00:51:28
Putting together probable cause affidavits, submitting those to the prosecutor's office for evaluation and ultimately for 00:51:30
charging. 00:51:35
There's a little section resolution and settlements, another one on judicial enforcement savings clause. 00:51:46
I'll leave that to you to to read as well as. 00:51:53
All of well, I call it the merits of. 00:51:58
The What goes on in terms of animal control? 00:52:02
And I know you all will be working closely with Mr. Draper in terms of moving forward with that. 00:52:06
But with that said that. 00:52:12
That ends everything that I came here to do, and I'll be more than happy to answer any questions that you have. 00:52:16
Well, one one thing that we may want to think about is having like an agenda listed out for the for the board. We can't, I 00:52:25
couldn't send that to everybody because I'd be that'd be a quorum if I said that electronically. 00:52:30
Right. If I sit in a community, like a text message to the entire board, that'd be. That would be. 00:52:35
Ranking public access laws correct? 00:52:40
Are you talking about on an you can communicate with regards to? You know, if you're trying to put together an agenda, sure, you 00:52:44
can do that, but you could do it in one message to everybody. 00:52:50
All right. 00:52:57
Maybe that's one thing we should think about going into the next meeting like the actual. 00:52:58
Firm Agenda. 00:53:03
And then we had a public meeting or public comment there as well. 00:53:05
And then have some some structure to it. 00:53:08
I think we still have to vote on the public comment. Did you say that the board needs to vote on that? We just had the discussion, 00:53:12
but we didn't actually vote on it. I think we need to vote on the public comment part. 00:53:16
And probably the best way to do that is put everything on the shelf at this point. 00:53:23
And then decide what you want. 00:53:29
On the agenda. 00:53:32
Somebody can propose something and. 00:53:33
Send it all out and you know. 00:53:36
Yeah, OK. 00:53:39
How about? How about we? 00:53:43
We propose an agenda, full agenda, next meeting, and we vote on the whole thing and can amend it and do what we want there. I 00:53:45
would like to open. 00:53:49
Public comment at some point tonight just because everybody's here in Chuck first meeting, we didn't have any of that. That's OK. 00:53:53
You're the president? Yeah, I was trying to be cordial. 00:54:00
Rick, do you know if there has been a budget allowed for this board to hire an attorney? I do not. 00:54:04
I'll get with you this week, Commissioner Sharp. 00:54:13
Because I definitely think that we need an attorney. 00:54:17
Yeah, 100%, yeah. 00:54:19
You're gonna need one. 00:54:21
OK. Any any further discussion? 00:54:26
Questions for Mr. Fox. 00:54:30
Great. Well, I would, I would like to hear from Mr. Draper for sure and get maybe an introduction to see what all you've done so 00:54:33
far, if you could keep it brief since it's kind of a an ad hoc meeting tonight I guess. 00:54:39
But. 00:54:46
I've been doing this for about 10 years. It's a really cool job, but. 00:54:49
We've we've done quite a bit. We've probably done. 00:54:55
7580 runs so far this year. 00:54:58
And took about 48 hours. 00:55:01
So apparently we've got 9 animals at the shelter we that work with rescues and transport to get them out. So. 00:55:04
So now I've got six of those not in my house, so they're not actually in cages at the shop. 00:55:10
Good deal. Anything you guys would like to ask, Mr. Draper? 00:55:16
He's our guy. Well, just to comment real quick, Fred, as far as the Sheriff's Office goes and Charlotte probably want to speak to 00:55:20
where the health department is, but for the Sheriff's Office. Anyway, thank you for what you've done at this point. It's really 00:55:26
been a really smooth process. It's been really good for our office. I. 00:55:31
Thank you to the commissioners for providing us with a good ordinance and for for bringing Mr. Draper and his company on board. 00:55:37
It's working out fantastic for us anyway. 00:55:42
You know there there are several parts of this, the public and and knowing what the public wants from animal control, from our 00:55:48
perspective anyway, when we get called, you're very prompt and it's it's very much appreciated. 00:55:53
And that's the same with us, too. We've called you. 00:55:59
Yep, anytime. I I'd like to get my phone number all y'all too, if y'all ever have any questions or anything. And why you're here 00:56:02
If you could, could you, since this is being streamed, tell everybody about where I. 00:56:09
The animal control shelter is. 00:56:16
So how that works. Yeah, so the shelter's in 33,000 lbs. 00:56:19
Industrial Parkway in Jeffersonville. 00:56:23
Right now we're sitting for about 13 cages. We've got some work that's been done to the building to make it a little bit more 00:56:25
accommodating. 00:56:29
But we can't. So there's two of us. It's actually it's me and another guy. That's part time. 00:56:32
So we kind of split dark all stuff and back each other, OK? 00:56:39
I do have one concern, and one of the things that we might want to think about is posting. 00:56:43
What's happening in the county with animal control? So if you do pick up a dog, that would get out of the yard. 00:56:48
The community needs to know how they would go back by trying to find that dog. Since they're not, you do. So you already have a 00:56:55
Facebook that goes out. There's a Facebook page for the Flint County Animal Shelter and then the new Washington Animal Control, 00:57:00
and we posted them both until the transitions, kind of. 00:57:05
And then maybe you might want to put something in the. 00:57:10
Newspaper, maybe even be interviewed by the media to let the community know, since this is new, people that live in the county, if 00:57:13
their dog goes missing, how they would go about fine, because not everybody's on Facebook, not everybody gets the newspaper. Just, 00:57:19
yeah, we've met with the News and Tribune and I think it was wave 3 or 19. 00:57:25
OK. So like that's kind of out there, perfect. 00:57:32
So we also share like to the Georgetown groups or Greenville groups and. 00:57:35
So forth there were the animals picked up. 00:57:39
Well, I have a lot of questions for you, but I'll give you a call or something or something, Yeah. 00:57:42
Sounds good. Thank you. Thank. 00:57:46
Well, I would like to open it up for public comments if it. 00:57:49
If anybody has anything you'd like to say? 00:57:53
It would be a little bit more formal next meeting. 00:57:56
Mr. Mine. 00:58:02
Tim Meyer, Cordon Ridge Rd. Precinct committee man for Georgetown team. 00:58:06
I just want to say on behalf of I guess. 00:58:12
Our neighborhood anyway. Thank you to the commissioners. This has been a long process. Thank you to the board. 00:58:15
If I can add a question to my comment, I would just say does this ordinance apply county wide including? 00:58:22
Incorporated areas of New Albany, Georgetown in Greenville. 00:58:28
Well, I think to Mr. Fox, of course, incorporated areas being Greenville and Georgetown outside the city of New Albany. 00:58:34
They sometimes have their own ordinances, so. 00:58:41
Yeah, we're in the process. Mr. Draper is providing services to. 00:58:43
The unincorporated county. 00:58:49
To Greenville and to Georgetown. 00:58:52
And I'm in the middle of finalizing with. 00:58:55
Each of those two entities. 00:58:58
Just the legalities of them through interlocal or through them adopting our ordinance so that we're uniform. 00:59:01
We're just kind of working through that. But the services are being provided. They're not being provided to New Albany because New 00:59:10
Albany has their own animal control. 00:59:15
Anyone else would like to speak? 00:59:26
All right. Any closing comments from the board? 00:59:29
Take a motion to adjourn. 00:59:33
Motion. 00:59:35
Second, all those in favor say aye. 00:59:36
Nay. 00:59:39
Thank you all. 00:59:43
I don't. 00:59:47