Minutes of the CACC board of directors meetings for Jan-May 1996

The following is the complete text of minutes of the CACC Board of Directors meetings for Jan-May 1996. The text noted by "XXX" has been "redacted" (deleted) by the CACC to prevent public disclosure claiming an exemption under the Freedom of Information Law (FOIL) section notated in brackets.

THE CENTER FOR ANIMAL CARE AND CONTROL, INC.

MINUTES

BOARD MEETING -1/30/96
Location: 1133 Sixth Avenue, Rm. 24C
New York, New York

Board Members and Officers present:

Margaret Hamburg, MD - Chair
John Doherty, Director
Walter Alicea Director
Rosemary Joyce, Director
Todd Davis, Director
Martin Kurtz Executive Director
Douglas Mansfield, Secretary

Absent:
Jane Bicks, DVM

The meeting was called to order at 10:10 a.m. The minutes of the previous Board meeting were approved at a 4-0 vote. There was a discussion regarding the last vacant Board position. The Board then went into executive session. The Board subsequently came out of executive session.

Executive Director's Report

Dr. Hamburg informed Mr. Kurtz that the Board voted to sign his contract. The Executive Director expressed his thanks to the Board for its support. He highlighted some of the Center's accomplishments over the past year. Among these are the micro-chipping of animals, which was featured in the New York Times, there are more cages available so when clients come into the shelter to adopt they are able to view more animals. Douglas Mansfield and Todd Davis are on a Task Force on Animal Cruelty that meets monthly. With the help of the New York City Parks Department, several signs promoting the licensing of dogs have been placed in parks around the city. Mr. Mansfield added that the Center is currently making arrangements with the Parks Department for another sign promoting the spaying and neutering of dogs and cats. Mr. Kurtz made note of the increase in adoptions at the Staten Island Pet Receiving and Adoption Center. He stated that this increase is as a result of the expanded hours of service made possible through a grant. Mr. Kurtz briefly explained the adoption process at Staten Island. Ms. Joyce asked if animals are spayed or neutered at adoption. Mr. Kurtz informed her that only the micro chipping is done at adoption and that presently the Center is unable to spay or neuter prior to adoption in Staten Island. Ms. Joyce suggested that spay/neuter be done in liaison with a veterinarian in the area. XXX
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Mr. Kurtz gave an explanation of the current spay/neuter program. Ms. Joyce inquired whether follow up calls are made to individuals reminding them to have their animal spayed or neutered. Mr. Kurtz informed her that a postcard is sent out to everyone who adopts an animal. XXX
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Mr. Kurtz mentioned a donation of $10,000 to provide a new subway advertisement. As a result of another donation and the free service of the Carpenter's Union, a door is being constructed in the Manhattan shelter. This door will allow employees access from the shelter to the dog walk. Commissioner Doherty inquired about the garage area. Mr. Kurtz informed him that according to the Department of Health, correction of the code violations should be given first priority. He noted that the Center's operation would be greatly enhanced with the transformation of the garage area.

Mr. Mansfield discussed a recent development in Brooklyn whereby the landlord of a vacant lot adjacent to the shelter, notified the Center that the lot was available for renting. He noted that this space could be turned into a parking lot for clients who visit the Brooklyn shelter especially to adopt pets.

The Executive Director reported on the Center's meeting with NSAL. Instead of providing the Center with funds for the Manhattan clinic, they will offer the services of their Architects and fund raisers.

Mr. Kurtz referred to various positive media coverage which the Center recently had. A video of the most recent coverage regarding the rescue of exotic animals in an abandoned apartment in Brooklyn was shown to the members. Mr. Davis commented on the format for the monthly financial reports in relation to indicators. Mr. Kurtz noted that the Center will be preparing its first Annual Report. A copy of the 1995 statistics was given to each member. He discussed the figures for the past year which are favorable. Commissioner Doherty referred to the clause in the budget concerning revenues going back to the City. Mr. Mansfield explained that donations and grants do not have to go back to the city, only revenues through shelter activities up to a certain amount.

Election of New Chairperson

The Chair, Dr. Hamburg commented on her position and commended John Doherty for the work he did as acting chair during her absence. She subsequently nominated Commissioner Doherty for the position of the new chair, seconded by Mr. Alicea. Commissioner Doherty was elected the new chair by a 5-0 vote.

Commissioner Doherty referred to monthly report and suggested that indicators be done on a quarterly basis. Mr. Kurtz noted his concern to increase the adoption figures. Commissioner Hamburg expressed her support for the indicators and added that educational activities should be included.

Commissioner Doherty asked about the funding for the code violations in the shelters. Mr. Mansfield informed him that the City allocated money in its Capital Improvement budget for correcting the code violations. Mr. Kurtz added that after improvement work is done at both Manhattan and Brooklyn shelters there will be no money left for work on the garage area in Manhattan. He referred to the garage area as a possible source of additional cage space to hold our animals when construction starts and stressed his concern for other limited sources of available cage space when the scheduled improvement work begins at the shelters.

There being no other business before the meeting, the meeting was adjourned.

/s/ Douglas M. Mansfield
Secretary of the Corporation (Seal)

Adopted by 4-0 vote
on Feb. 29th, 1996

THE CENTER FOR ANIMAL CARE AND CONTROL, INC.

MINUTES

BOARD MEETING - 2/29/96
Location: 1133 Sixth Avenue, Rm. 24C
New York, New York

Board Members and Officers present:

John Doherty, Chairman
Walter Alicea, Director
Todd Davis, Director
Rosemary Joyce, Director
Martin Kurtz, Executive Director
Douglas Mansfield, Secretary/General Counsel
Margaret Hamburg, MD, Director (available by telephone)

Absent was:
Jane Bicks, DVM, Director

The meeting commenced at approximately 12:15 p.m. the Chairman, John Doherty expressed his thanks to Commissioner Hamburg, Martin Kurtz and staff of the Center for the work done during the past year.

The minutes of the last Board meeting were approved by a 4 0 vote. There was a discussion regarding the applicants for the vacant Board positions and the issue of obtaining approval from City Hall. XXX
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He also promised to contact Dr. Jane Bicks with regards to her status on the Board. There was a discussion regarding the applicants interviewed at the last Board meeting for the vacant Board positions.

Geoffrey Hochman explained the conflict between the budget year and the fiscal year. He noted that based on a recommendation by the Center's independent Auditors, Lutz and Carr, it was suggested that for reporting purposes the fiscal year be put on the same basis as the budget year. Mr. Hochman indicated that the Center's Auditors have proposed to do an eighteen-month audit next. The Controller noted that the Department of Health did not oppose this. Therefore, the next step would be to amend the By-laws accordingly.

Chairman Doherty asked if there were any discrepancies discovered by the Auditors. Mr. Hochman informed him that there were no problems except for a few issues to be confirmed with the DOH. Mr. Doherty added that once the audit report reflected that there were no problems, he would support the eighteen-month audit. Mr. Hochman noted that in addition to the independent Auditors, the Center is being audited by the DOH Auditors who audit the contract period.

Mr. Mansfield explained Resolution 96.5 which defines the authority of the Executive Director of the Center in relation to the execution of contracts and signing of legal documents. Resolution 96.5 was passed by a 4 0 vote.

Mr. Mansfield explained Proposed Resolution 96.6 regarding an Executive Committee which would meet between Board meetings and which the Board would delegate certain issues. A vote was postponed until Dr. Hamburg called in by telephone.

Mr. Mansfield discussed the proposed lease for the vacant lot in Brooklyn. This area will be transformed into a parking lot for individuals visiting the Brooklyn shelter for adoptions and other related matters. Ms. Joyce asked if a parking fee would be collected from individuals who use the parking lot for non shelter business. Mr. Mansfield explained that once the Center enters into this lease the parking lot would be limited only to individuals who visit the shelter to conduct business. Ms. Joyce suggested that the space be used for activities such as fund raising events. Mr. Mansfield noted that the funds for this venture would come from the Center's revenue.

Mr. Kurtz referred to a vacant building near the Brooklyn Shelter in which homeless individuals have been dwelling. This building is owned by the City and Mr. Kurtz noted that he had requested that the building be sealed. Mr. Kurtz also noted that he is investigating with the Department of Health having the building razed and turned into a dog run area. There was a fire in the building recently which could have been disastrous. Mr. Kurtz reported that the Department of General Services has promised to inspect the building.

There was a discussion regarding the proposed appointment of Todd Davis as Treasurer to replace Geoffrey Hochman who resigned his position as Treasurer.

Mr. Hochman discussed the financial year end statement for 1995. He noted that there could be changes since this final report has not yet been audited. Mr. Hochman added that the 1996 budget is higher than the 1995 budget mainly because of the provision for insurance and additional positions that were approved. Mr. Davis suggested that the 1997 budget be prepared based on monthly actuals for 1996. Mr. Hochman made note of the revenues, expenditures and donations for the year 1995 which will be in the final report for the Department of Health and copies will be available to Board members. Chairman Doherty noted his support for monthly budget reports.

There was a discussion regarding the grant proposal for 24 hour animal rescue services submitted by Mr. Davis to which suggestions and necessary changes were made.

Rosemary Joyce showed photographs of members of staff and pets taken at the Brooklyn Shelter by photographer Alan Kaplan. These photographs, with personal quotations by staff appearing in photographs, will be featured in upcoming advertisements to be placed on Sanitation trucks throughout the City.

Commissioner Hamburg called in at approximately 1:30 p.m. Chairman Doherty expressed his gratitude to Commissioner Hamburg for her work as the previous Chairperson for the Center. Mr. Mansfield explained to Commissioner Hamburg by telephone, what was set forth in the Proposed Resolutions discussed earlier.

Proposed Resolution 96.4 to change the Center's fiscal year from June 30, to December 31, was approved by a 5-0 vote.

Proposed Resolution 96.6 to set up an Executive Committee to deal with issues between Board meetings was approved by a 5-0 vote. The Executive Committee shall consist of John Doherty, Todd Davis and Rosemary Joyce.

Permission for the Center to enter into a lease for the Brooklyn parking lot was approved by a 5-0 vote.

Proposed Resolution to appoint Todd Davis as Treasurer was approved by a 5-0 vote.

Ms. Joyce discussed the work done by Brian Kilcommons, one of America's foremost dog trainers who is now the Center's Official Trainer and Behaviorist. She referred to the upcoming event in which the Center will be participating, scheduled for May 5th to commence 'Be Kind to Animal Week'. Mr. Kurtz expressed his gratitude to Ms. Joyce for introducing Brian Kilcommons and for a donation of $500.00 given by a friend to be used for sick animal care and or spay/neuter service.

There was a discussion regarding the establishment of an in-house spay/neuter clinic. Mr. Kurtz reported on the proposal for the clinic in Staten Island. He stated that bids from other veterinarians will be taken into consideration. Ms. Joyce inquired of the cost of a veterinarian from the outside taking over the clinic in Brooklyn. It was agreed that a letter be sent to the ASPCA informing them of the Center's plans for the clinic in the Brooklyn Shelter.

Ms. Joyce suggested that the Center invites personnel from the Herro's Spay/Neuter Clinic in Las Vegas which is a model for other clinics, to do a presentation at the next Board meeting. Chairman Doherty asked if the Staten Island Clinic would offer the same service when it is established. Mr. Kurtz explained that the Manhattan Clinic would perform only Spay/Neuter procedures while the other clinics would offer other services.

The Executive Director spoke about the humane and animal control organizations he met while attending the conference in Las Vegas. XXX
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It was noted that there would not necessarily be an increase in the Center's budget for capital improvement based on the report.

In response to a question from Commissioner Doherty regarding the Chameleon computer system, Mr. Kurtz reported that City officials visited the shelter recently with the diagrams for the wiring. This system should be installed in another 6 months.

Mr. Mansfield addressed the issue of City funding in relation to the line item budget. He discussed a block grant budget and explained the advantages of this type of budget. It was agreed that the Center should commence work on this. Chairman Doherty asked about the capital improvement work and leases to be renewed. Mr. Kurtz stated that capital improvements are being handled by the Department of General Services who have hired Urbhan Associates. He added that there was more work to be done on the Brooklyn shelter which is an older building. The Chairman noted his concern for space for the animals when work commences at the shelter. Mr. Kurtz stated that if work is done on the Manhattan garage first, as was suggested, then there will not be a problem of space for the animals.

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XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX[872g] Chairman Doherty stressed the need for swing space. He suggested that Urban Associates include this in their plan so that the request could be made.

Mr. Kurtz reported that the leases for the Queens and the Bronx facilities are between the City and the Landlord. He added that the Queens facility is inadequate in terms of space and that the Department of General Services is in the process of acquiring a new site.

Chairman Doherty referred to some of the goals the Board would like to accomplish such as improving the adoption rate, compliance with Intro. 321 and a 24~hour animal rescue service. Mr. Kurtz announced that some efforts have been made to improve the adoption rate. A new Adoption Coordinator was hired recently for the Manhattan Shelter; every other Sunday many animals are adopted in Staten Island through PETCO, a pet store; adoptable animals will be displayed in a pet store in Manhattan on weekends.

There was a discussion regarding the spay/neuter policy.

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Mr. Kurtz informed the meeting that the Center is in the process of recruiting a Chief Veterinarian and a Veterinarian for the Manhattan Shelter.

There being no other business before the meeting, the meeting was adjourned.

/s/ Douglas M. Mansfield
Secretary of the Corporation (Seal)

Adopted by 4-0 vote
on April 18, 1996

THE CENTER FOR ANIMAL CARE AND CONTROL, INC.

MINUTES

BOARD MEETING - 4/18/96 - 11:00 a.m.
Location: 1133 Sixth Avenue, Rm. 24C
New York, New York

Board Members and Officers present:
John Doherty, Chairman
Rosemary Joyce, Director
Margaret Hamburg, MD, Director
Martin Kurtz. Executive Director
Douglas Mansfield, Secretary/General Counsel
Todd Davis, Director (available by telephone)

Absent:
Yolanda Jimenez

The meeting commenced at 11:00 a.m. The minutes of the last Board meeting were approved by a 4-0 vote with Mr. Davis' vote by telephone.

Executive Director's Report

Mr. Kurtz referred to the first quarter of 1995 in comparison to the same period of 1996 and noted that there has been a significant increase in the number of animals rescued. He also stated that there has been an increase in the number of animals received at the shelters when the trend nationally is fewer animals received at shelters. This situation perhaps would change when the spay/neuter legislation is passed in New York. The Executive Director noted the increase in adoption which he attributed to the extended hours of the Staten Island facility made possible through a grant from the Staten Island Borough President. He added that arrangements are being made with the Brooklyn Borough President to extend the hours of the Brooklyn Shelter.

Mr Kurtz announced the appointment of a new Chief Veterinarian, Dr. Susan Kopp who will begin working for the Center on April 22, 1996.

Independent Auditors Report

Mr. Hochman discussed the report by the Independent Auditors, Lutz and Carr for the fiscal year which ended June 30, 1995. He explained that the statements were prepared in accordance with the requirements of the Financial Accounting Standards Board, and some phrases have been replaced by new terms. The Controller referred to the total expenditures for the reporting period and noted that approximately 81% was spent on day to day program services for the shelters. There was a discussion regarding employee benefits. It was noted that more effort will be put toward fund raising activities. Commissioner Hamburg stated that contributions received for the last six months were higher than the first six months of the year. The next report will be an eighteen-month report which will be up to December 31, 1996. Continuing his presentation, Mr. Hochman referred to the increase in revenue for the first quarter of 1996. He noted the significant increase in revenue from the Manhattan Shelter and the Staten Island Pet Receiving and Adoption Center. He also explained the reason for the low expenditures for January 1996. There was a discussion regarding budget modifications. Mr. Hochman stated that another budget modification based on staffing changes, for the fiscal year will be submitted shortly to the Department of Health. He noted that the services of an outside consultant firm will be engaged to set up the Chameleon system as opposed to one person working part time.

Dr. Hamburg discussed the OTPS freeze with the DOH and upcoming budget constraints as it relates to the Center. Dr. Hamburg stated the Center has been targeted for a budget cut. She continued by mentioning that Deputy Commissioner Enid Carruth felt the cut would not be a hardship. Mr. Kurtz explained that maintenance work to the shelters is very costly and more money will be used to upkeep the shelters and a budget reduction of any amount would greatly affect the Center. Dr. Hamburg inquired about using capital funds to defray maintenance expense. Mr. Kurtz noted that there is funds remaining from the 1995 budget.

Mr. Mansfield raised the issue of wage re-opener negotiations scheduled for November 1996. He suggested that the Center and the DOH commence discussion in preparation for negotiation with the union. He also added that City employees received a wage increase recently and if some provision is not made, Center employees may not receive a wage increase for a long time. A decision was made to contact the DOH with regards to utilizing whatever funds are remaining from the 1995 budget.

Dr. Hamburg asked if the sale of pet accessories could only be done at the Brooklyn Shelter. Mr. Hochman explained that the items sold are inventory left by the ASPCA. Mr. Mansfield informed the meeting that if the Center should focus on selling accessories, it will have to be registered with the State and collect sales tax, also, additional personnel will be required to perform certain related duties. Mr. Kurtz suggested that when clients come into the shelter to surrender their animals, clerks should inform them that the CACC is a not-for-profit organization and ask for a donation.

Mr. Hochman explained the guidelines as set forth in the Internal Control Manual. No vote was taken on the Internal Control Manual as Todd Davis did not have the opportunity to review it.

Ms. Joyce brought the meeting up to date on the ads to be placed on sanitation trucks. She also mentioned that Brian Kilcommons informed her of a new idea he has for CACC advertising. Ms. Joyce discussed the Heinz promotion featuring Homeless Homer scheduled for June '96. Morris the Cat will be joining Homeless Homer for this event and it is anticipated that the Center would benefit financially from this venture. For October 1996, the Manhattan Art and Antique Center has requested several animal charities including the CACC, to be recipients of celebration of 'Donation Month.'

During the entire month of October whenever a purchase is made the customer may select one of the participating animal charities who will in turn receive 5% of the cost of the item Ms. Joyce suggested that an announcement regarding this project be placed in the newsletter It was agreed that the Center will be a participant. Continuing, Ms. Joyce noted an event planned by Brian Kilcommons for the month of November to introduce his new book. Ms. Joyce commented on the Manhattan Doggie Door and indicated that similar work will be required in the Brooklyn shelter. Mr. Kurtz noted that there is a possibility that the Carpenter's Union may help to raze the vacant buildings in Brooklyn.

Mr Kurtz stated that the Village Voice will be featuring an article on the Center. He met with the reporter and is confident that the Center could benefit from this article. Mr. Hochman mentioned the advertisements for the upcoming Adoptathon Weekend. Mr. Mansfield discussed the Special Patrolman issue.

Mr. Davis called in and Chairman Doherty briefed him on the meeting. Mr. Kurtz informed the members of his upcoming meeting with the ASPCA to discuss the Brooklyn clinic. There was a discussion regarding the Brooklyn clinic. In relation to mandatory spay/neuter, Ms. Joyce explained that certain aspects of Intro. 321 would have to be revised or changed before it reaches the final stage.

Mr. Mansfield reported on the parking lot in Brooklyn. XXXXXX
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Mr. Mansfield explained the block grant idea. Dr. Hamburg voiced her approval of this notion. She suggested a meeting with CACC and DOH officials to commence this process.

Mr. Mansfield referred to the candidates who were interviewed for the vacant Board positions and who are still awaiting a response from the Board, and suggested that a letter be sent to each individual notifying them that their application is still being considered. Mr. Mansfield also referred to an article, which was forwarded to all Board Members, from the HSUS shelter magazine which states that having a veterinarian serve as Board Member is a conflict of interest.

Chairman Doherty cited adoptions and the fact that some facilities adopt more than others Mr. Kurtz attributed this to the operating hours and Mr. Hochman stated that with adequate funding, the Center could extend the operating hours of the other facilities which would result in increased adoption.

There was a discussion regarding the Herro's presentation scheduled for April 29, 1996 and the importance of having animals spayed or neutered. Mr. Mansfield explained why moneys received through shelter activities cannot go toward a spay/neuter clinic.

There being no other business before the meeting, the meeting was adjourned.

/s/ Douglas M. Mansfield
Secretary of the Corporation (Seal)

Adopted by 4-0, 1 abstain vote
on May 29, 1996

THE CENTER FOR ANIMAL CARE AND CONTROL, INC.

MINUTES

BOARD MEETING - 5/29/96 - 1:00 p.m.
Location: 1133 Sixth Avenue, Rm. 24C
New York, New York

Board Members and Officers present:

John Doherty, Chairman
Rosemary Joyce, Director
Yolanda Jimenez, Director
Todd Davis, Director (available by telephone)
Margaret Hamburg, MD, Director(available by telephone)
Martin Kurtz, Executive Director
Douglas Mansfield, Secretary/General Counsel

The meeting commenced at approximately 1:30 p.m.

The Executive Director discussed the animal statistics for the first quarter of 1996 and noted the increase in adoptions. Commissioner Doherty expressed his concern regarding the budget cuts. Mr. Kurtz stated that he received a letter from the DOH informing him that the budget will be reduced by $202,000. and that the CACC should absorb this amount. He stressed the fact that the budget cut was never discussed with the CACC. Mr. Mansfield noted that he communicated with the DOH's General Counsel on this matter in relation to the contract. He added that the CACC should be allowed to cut services if there is a budget cut. Mr. Mansfield suggested that either the Queens Pet Receiving Facility or the Bronx Pet Receiving Facility be closed. He informed the meeting that the DOH suggested an increase in fees after being told that the CACC could not absorb the amount in question unless services are cut. Mr. Kurtz noted that the adoption fee should not be increased because it is higher than any other animal shelter in New York City. He had previously presented to the DOH a list of fees which could be increased. XXX
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Commissioner Doherty asked about the capital improvement work for the shelters. Mr. Kurtz informed him that the Department of General Services is responsible for this program The chairman expressed his concern about having repair work done so that the CACC would not be subject to more criticism in this area.

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The minutes of the previous meeting were adopted by a 3-0 vote. Director Jimenez abstained.

Mr. Mansfield explained the amendments to the Certificate of Incorporation. This amendment, Resolution 96.7, was passed by a unanimous vote of 5-0 including all 3 ex-officio members.

Mr. Kurtz announced that XXXXXXXXXXXXX promised a donation of $10,000.00 to the CACC which will be used toward increasing the hours at the Brooklyn facility. It was noted that the request for the block grant was denied. Mr. Mansfield informed the members of the reason that the DOH gave for the denial. Commissioner Doherty asked about the spay/neuter clinic. Ms. Joyce noted that the cost to set up a clinic in Manhattan would be about $75,000. A discussion followed regarding the operation of such a clinic.

Todd Davis was contacted via telephone. He gave his approval of the minutes, the Internal Control Manual, the Application to the Department of Social Services to solicit donations at street fairs and the Amendment to the Certificate of Incorporation. XXXXXX
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XXXXXXXXXXXXXX[872a] He added that he discussed the issue of the budget reduction for the remainder of 1996 with the DOH General Counsel. Commissioner Doherty expressed his support of Mr. Mansfield's idea of cutting services in either the Bronx or Queens to help absorb this budget cut. Ms. Joyce suggested cutting services in Queens. Commissioner Doherty stated that cutting services is in accordance with what the City agencies have been required to do in a budget cut. He suggested looking at the adoption figures for both locations.

[Highlighted text in this paragraph was originally redacted claiming an 872g exemption, and was reinstated on appeal] Dr. Hamburg called in at about 2:00 p.m. She approved the Internal Control Manual and the Amendment to the Certificate of Incorporation. Commissioner Doherty discussed the current budget issues. XXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX[872g] Mr. Kurtz informed her that he had discussions with DOH officials regarding revenues and suggested a fee increase. He also noted that the DOH is negotiating directly with the ASPCA to collect rent for use of the Brooklyn clinic. Commissioner Doherty spoke about the capital improvement for the shelters and promised to contact the Department of General Services on this matter. He added that if repair work is done prior to a review of the CACC's operation by a consultant, there would be less criticism.

There was a discussion regarding the proposed budget cut. XXXXXX
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XXXXXXXXXXXXXXXXX[872g] He stressed the importance of the CACC setting up a spay/neuter clinic in the shelter. Commissioner Doherty asked about the personnel and the time period required to launch this clinic. Mr. Mansfield stated that two of the CACC's veterinarians have indicated their willingness to do more surgical work, therefore there should be no problem to commence spay/neuter operations immediately after the premises is vacated. It was decided that the CACC's General Counsel would communicate with the DOH's legal office on the rent issue.

There being no other business before the meeting-the meeting was adjourned.
/s/ Douglas M. Mansfield
Secretary of the Corporation (Seal)

Adopted by 4-0 vote
on July 31, 1996