Minutes of the CACC board of directors meetings for 1995

The following is the complete text of minutes of the CACC Board of Directors meetings for 1995. The text noted by "XXX" has been "redacted" (deleted) by the CACC to prevent public disclosure claiming an exemption under a Freedom of Information Law (FOIL) section notated in brackets.

THE CENTER FOR ANIMAL CARE AND CONTROL, INC.

Minutes of Board Meeting - 2/1/95

Board Members and Officers present:

Margaret Hamburg, M.D. Chair - Commissioner of Health
John Doherty, Director - Commissioner, Dept. of Sanitation
Walter Alicea, Director - Dep. Commissioner, Police Department
Jane Bicks, DVM - Director
Martin Kurtz, Executive Director
Douglas Mansfield, Secretary
Geoffrey Hochman, Treasurer

The meeting was called to order at 9:30 am by the chairperson Dr. Margaret Hamburg. Dr. Hamburg invited the Executive Director of the Center Mr. Martin Kurtz to report on status of the Center.

Mr. Kurtz expressed satisfaction for the progress made so far. He stated that with the team work of Dr. Jane Bicks and the staff, the Center has been able to organize an adoption program which is offered in all five boroughs and includes the services of veterinarians throughout New York City. Mr. Kurtz noted that the program which would not generate any profit, has been a success. Animals are examined by veterinarians in the clinical areas of the Center's facilities then spayed and neutered by outside veterinarians. Mr. Kurtz stated the importance of having the adoption program advertised.

Dr. Hamburg asked if the adoption agreement was temporary and if the Center will eventually establish its own spay and neuter program. Mr. Kurtz explained that being in control of a veterinary hospital and the veterinarians would result in the control of the cost of animal health care. It was Dr. Bicks' opinion that in the future some animals would still be given to North Shore Animal League and the ASPCA. She also commented on the adoption program and possible future changes when the Center would acquire its own hospital. Wilfredo Lopez referred to the Brooklyn Veterinary Clinic, based on Dr. Bicks' comments. Dr. Hamburg inquired as to where the adoption is done. Mr. Kurtz responded by explaining the process. Copies of adoption forms were circulated. Dr. Bicks noted that eventually the Center will have more outreach with regards to its adoption program. Mr. Kurtz noted that the Center would benefit if the adoption program is extended to certain sites in the community.

The Secretary to the Board, Douglas Mansfield commented on the importance of the Center's relationship with North Shore Animal League and the ASPCA with regards to adoption. He also noted that there has been a significant change in the area of euthanasia.

Dr. Bicks described a new program, "Senior for Senior", which will be implemented shortly with North Shore Animal League. This program will enable the adoption of senior animals by senior citizens. Mr. Kurtz expressed satisfaction over the Center's relationship with North Shore Animal League.

The Executive Director referred to the numerous accusations made by the various Animal Rights groups. Wllfredo Lopez referred to a call he received from a member of the City Council Committee on Contracts, requesting a copy of the report by the Humane Society of the United States. Mr. Kurtz explained that EHS had commissioned a report by Carl Friedman, Executive Director of the San Francisco Animal Care and Control Program and Ken White of the Humane Society of the United States. He explained briefly what the report contained.

Mr. Kurtz noted that no complaints have been made regarding animal rescue services -- a very significant aspect of the Center's operation, of which he is very proud. Cybele Fisher-Koppel, Director of Public Information spoke of the positive press releases and letters from members of the public expressing satisfaction with the services offered by the Center.

Continuing on the status report, Mr. Kurtz informed the Board that the new vehicles will be available by the summer. A print of the Center's corporate seal was circulated. The Center is engaged in collective bargaining with Local 355, the union which represented the workers of the ASPCA. A meeting is set for February 16th. Virginia Maher, Director of Human Resources noted that all employees were covered under the Oxford Health Plan effective February 1st.

Geoffrey Hochman, Financial Controller notified the meeting that the not-for-profit status application was filed with the IRS and could take up to four months for approval, but it would be retroactive to the date of incorporation. He also explained that while awaiting approval, the Center would have to pay sales tax when making purchases. With regards to insurance, Mr. Hochman stated that the amount required to cover the cost is approximately $255,000. which is far less than the budgeted amount. Dr. Hamburg promised to look into the ongoing budget process and suggested that it may be time to start fund raising activities. Wilfredo Lopez indicated that the contract with the ASPCA did not cover all expenses. Mr. Hochman suggested that instead of modifying the budget, use be made of the PS budget. Wilfredo Lopez noted that the Department of Health would have to make that decision. Mr. Hochman referred to the need for computers which will be provided for with capital money. In addition to computers, Mr. Kurtz commented on the need for "Chameleon," a vital computer tracking system that will enhance the service provided by the shelters. He said that this system was promised by September. Dr. Hamburg agreed that the capital money should be made available to purchase the computers. Chris Wolfe promised to look into who is controlling the funds.

Mr. Kurtz commented on Capital Improvement Needs and referred to the problems with the building in Manhattan and in Brooklyn. The Brooklyn facility especially is in need major repairs. He noted that when the capital money becomes free and the computers are purchased, all necessary maintenance work will be done to the Brooklyn and Manhattan facilities. Commissioner of Sanitation, John Doherty asked if all future funding will be from the capital budget. Mr. Kurtz replied that it will be from the City's capital budget.

Mr. Lopez asked about the reports on the facilities. Dr. Bicks suggested getting a copy of the other report to check on its accuracy.

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Dr. Hamburg commented on the vacant Board position. Mr. Kurtz informed that a meeting was set up with a group from the NYC Coalition for Animal. He also referred to a call he received from Staten Island Borough President's office regarding the facility. Dr. Hamburg suggested that a form letter be sent to each borough president informing them of the Center's service in each borough.

A suggestion was made by Dr. Hamburg that Dr. Bicks speak on behalf of the Board at the City Council Hearing scheduled for February 9th. A further suggestion was that someone from the Mayor's Office or the Law Department be present at the Hearing to discuss the creation of the Center.

Douglas Mansfield commented on the proposed resolution for indemnifying the veterinarians. After a discussion the resolution was passed to indemnify the veterinarians.

There being no other business before the meeting, the meeting was, upon motion made and carried, adjourned at 12:30 at which time the Board went into executive session.

Dated: February 15, 1995

/s/ Douglas M. Mansfield
Secretary of the Corporation

Corrected and approved on February __, 1995
/s/ Margaret Hamburg
Chairperson of the Board

THE CENTER FOR ANIMAL CARE AND CONTROL, INC.

Minutes of Board Meeting - 3/13/95

Board Members and Officers present:

Margaret Hamburg, MD. Chair - Commissioner of Health
Walter Alicea, Director - Deputy Commissioner, Police Dept.
John Doherty, Director- Commissioner, Dept. of Sanitation
Jane Bicks, DVM - Director
Martin Kurtz, Executive Director
Douglas Mansfield, Secretary

The meeting was called to order at 9:00 a.m.

Executive Director's Report

Mr. Kurtz referred to the statistical information included in the package given to each Board Member and noted that the Center is operating in an efficient and dedicated manner. The animal rescue team did a great job during the month of January 1995 when a large number of animals were rescued.

Dr. Bicks asked if there will be a training program for the workers. Mr. Kurtz said that the workers were doing a good job but training will be encouraged. He referred to the statistical sheet which reflects the percentage of animals brought into the Center and adopted out. He also noted the relationship with various rescue groups throughout New York State which would result in an increase in the number of animals adopted out. These rescue groups also take from the Center, pure bred animals which are not adoptable. On the topic of euthanasia, Mr. Kurtz stated that the percentage has always been lower than the national average. Dr. Bicks asked if this information is published. Mr. Kurtz indicated that there will be a press release on these statistics.

Enid Carruth referred to the complaints about the Center - should the Department of Health respond or should the Center respond. Complainants do not realize that the Center is a separate agency and is only contracted by the City to do certain tasks. The Center is doing rescue work outside of its contract. There should be another funding source. Mr. Kurtz requested that the Center be sent copies of these letters.

Continuing his report, Mr. Kurtz once again noted the low percentage rate of euthanasia. Mr. Doherty inquired if individuals bring animals to the shelter to be euthanized, to which Mr. Kurtz replied. It was noted that most of the animals received by the shelter are brought in to be taken care of. With regards to medical facilities, the Executive Director stated that there are two rooms on the second floor at the Manhattan Shelter which could be converted into (1) a scrub room and (2) a surgery room. He also indicated that the Center could have its spay/neuter facilities at the Manhattan Shelter. A meeting was scheduled with North Shore Animal League to discuss a grant proposal in support of the spay/neuter program. Mr. Kurtz informed the meeting that veterinarians from the Animal Medical Center have called the Center with respect to volunteer work. He also mentioned that several meetings were held with various animal rights groups and activists which could help to foster a better relationship. Mr. Doherty questioned 'the release to freedom' on the stats sheet to which Mr. Kurtz offered an explanation. The Executive Director expressed concern for animals held for a long period and cited reasons why animals should only be held for a short time.

Proposed Resolutions

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XXXXX[872g, 872a] Proposed Resolution 95.2 was voted upon and passed unanimously.
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The next Proposed Resolution introduced was 95.5 which would create a rotating chairperson position. Dr. Hamburg supported this Resolution. However, she noted that someone should be given the opportunity of serving as chair for more than a year and each year the Board should vote a new chair. A motion was made to amend 95.5 to allow a chairperson to serve longer than one year. This amendment passed unanimously Proposed Resolution 95.5 was then voted upon and passed unanimously.

Mr. Mansfield explained the next Proposed Resolution, 95.7 which would amend the Certificate of Incorporation and allow the Center to comment on legislation. All Board Members being present, the Proposed Resolution was voted upon and passed unanimously.

Introduction of Staff

Mr. Kurtz introduced Dr. Herbert Rosenoff, Chief Veterinarian who noted his observations and future accomplishments for the Center.

The meeting then went into executive session.

/s/ Douglas M. Mansfield
Secretary of the Corporation

Passed by unanimous vote on May 22, 1995

THE CENTER FOR ANIMAL CARE AND CONTROL, INC.

MINUTES BOARD MEETING - 5/22/95

Board Members and Officers present:

Margaret Hamburg, MD, Chair - Commissioner of Health
Walter Alicea, Director - Deputy Commissioner - Police Department
Jane Bicks, DVM, Director
Martin Kurtz Executive Director
Douglas Mansfield, Secretary

The meeting was called to order at 9:50 a.m. Board Member John Doherty was unable to attend this meeting.

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It was decided that voting on this resolution be done without a meeting as John Doherty was not present. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX[872g]

The minutes of the Board meeting of March 13, 1995 was unanimously adopted. The Board then went into executive session at 10:05 a.m.

Upon resumption of the meeting, Douglas Mansfield circulated a proposed resolution to expand the Board. He explained that the proposal would allow the Board to make a recommendation to the Mayor's Office for the ex-officio member. This resolution was to be voted upon in writing without a meeting.

Mr. Kurtz presented his report by referring to the positive press articles. Copies were available for each Board member's review. He was very pleased with the recent publicity and noted that the Center is now being accepted and appreciated by animal activist groups for its concern and care for animals. He noted that the Center received several invitations to meetings, parties and fund raising activities from these groups.

In order to enhance the operations of the Center, Mr. Alicea suggested that there be meetings more often with the Executive Director and Shelter Managers. Dr. Hamburg agreed that this will help to improve the management of the shelters.

Virginia Maher, Director of Human Resources informed the meeting of the Union negotiation sessions. She indicated that the union was not interested in job classifications and job specifications because they realized that the Center needs to exercise some flexibility in this area. Occasionally, and as needed, staff may be asked to perform duties not stated in their respective job specification. Dr. Bicks asked about the job descriptions and was informed that these were prepared by the Department of Health. Mr. Kurtz announced that there was a major decrease in overtime within the first three months of operations and attributed this to the job description. Ms. Maher further stated that the Center has been receiving assistance with its union negotiations from the law firm of Vedder Price. Overall she expressed satisfaction with the negotiation process. She also informed the meeting of the number of dismissals since January 1, 1995. Dr. Hamburg asked if other staff were hired to fill those positions and Ms. Maher responded by explaining the steps she has taken to get new personnel on board. Dr. Bicks asked if there was an ongoing ad in the Shelter Sense magazine and suggested that there be a general on going ad. She also suggested placing an ad for Veterinarian/Shelter Director in AVMA. Continuing, Virginia Maher noted that only five vacancies existed which. included a few part time positions. Mr.Kurtz complimented Ms. Maher and Mr. Mansfield for their work on the union negotiations.

A draft copy of the Staff Manual and Managers Handbook was given to each board member. Ms. Maher explained that the original draft was prepared by Consultant Denen Rielley. This has been updated and still other topics are to be revised. A staff identification card was passed around and Mr. Alicea suggested that Board members obtain ID cards to allow them access to the adoption facilities. The Executive Director displayed portions of the Center's uniform: a shirt and cap with the logo. He explained that with the uniform the Center staff are identifiable. Mr. Kurtz informed the meeting that the new air-conditioned vehicles would not be available for use until after the summer. Referring to the draft manual, on the topic of terminations, Mr. Alicea suggested that a diagonal line be placed between the words suspension and termination to clarify these areas. Ms. Maher reported that staff members who handle animals require rabies inoculation shots. Dr. Bicks asked if the Department of Health could provide the shots at a lower cost. Dr. Hamburg promised to look into this matter. On the subject of bites and accidents, Virginia Maher noted that very few staff members were absent from work as a result of either case. There were only a few cases and the insurance company was pleased with the reports. Dr. Bicks inferred that with the necessary training on handling animals, there would no doubt be fewer bite cases.

Supervisors will be afforded the opportunity of attending a low cost training program, which is run by the Phoenix House Foundation in partnership with the New York City Chamber of Commerce and offers advise on substance abuse in the work place. They also assisted the Center in drafting a substance abuse policy. In concluding, Ms. Maher referred to time and leave and noted that the Center will secure at a reasonable cost, the services of a company to track time and leave. Mr. Kurtz mentioned the entrance conference with Ed Weinstein with regards to the upcoming audit.

Geoffrey Hochman, Financial Controller explained his responsibilities to the meeting. The purchasing procedure was also discussed. Dr. Bicks requested a meeting with the Office Manager, to look into the purchasing of some items. A further question from Dr. Bicks was whether Shelter Managers could have budgets.

Mr. Hochman noted that for the first three months of operations overtime cost was very low. The budget modification that was submitted in January was finally approved by the Department of Health. One of the major reasons for the budget mod was the cost of insurance.

Mr. Hochman referred to the Office Manager, Jeannie Addoloria and commended her for her tremendous contribution.

Next, Anne Earle, Adoptions Director was introduced to the meeting. There was a discussion regarding medical assistance from the Animal Medical Center. Ms. Earle discussed her background and her goals for the Center. She mentioned her work on the Adoption Package and exotic animals. Dr. Bicks referred to a memorandum regarding exotic animals and noted that the Shelter Managers should be responsible for these animals. the memorandum will be changed to read accordingly. The Adoptions Director emphasized the importance of grooming and informed the meeting that she is working on obtaining free grooming services until the Center acquires its own groomer and grooming space. Dr. Bicks recommended that the Center put an ad and an article in Inter-Groom magazine, explaining how the animals are to be taken care of. The issue of keeping animals overnight at the Staten Island facility was raised and Mr. Kurtz noted that the Center has made a request to the Department of Health to change this situation. In order to expand and improve the adoption services in Staten Island, Ms. Earle suggested that the Staten Island facility develop a relationship with the neighboring pet department stores. The Adoptions Director commented on the recent Adopt-A-Rama and noted that most of the animals were provided by the Center. Mr. Kurtz commended Ms. Earle for her support and her immense effort in helping to foster a better relationship between the Center and animal advocates.

Director of Public Relations Cybelle Fisher-Koppel discussed the press articles for the past two months which were good. On the subject of Pet-of-the-Week, Ms. Fisher Koppel announced that advertisements appear weekly in more than 40 papers, including the Queens Tribune and the Manhattan Spirit. This campaign has been a success and most of the animals in this program are being adopted. Ms. Fisher-Koppel informed the meeting that she recently attended a youth expo sponsored by the New York City Department of Personnel Youth Service, where she along with Volunteer Coordinator Dara Foster handed out fliers and encouraged citizens to visit the Center's Adoption Centers, and recruited volunteers. Ms. Fisher-Koppel informed the meeting that the grant application to North Shore Animal League was still pending. She also referred to the TV shows that she has been on, promoting adoptions and indicated that the Center now has free publicity in a Con Edison consumer news letter. She discussed events that are being planned for the fall which could generate funds.

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Dr. Bicks suggested that she meet with Terrence DeRosa and Annette Gonzalez to work on the Intake Cards for the shelters. Mr. Kurtz referred to the Procedure Manual in response to a question from Dr. Hamburg. Mr. Mansfield explained that the Manual is currently being updated and Dr. Bicks suggested that it be reviewed before forwarding to the shelters. She requested that a copy be sent to XXXXXXXXXX[872b]

Mr. Kurtz discussed the Center's relationship with the ASPCA and noted that a request was made for a meeting to address certain issues. He further stated that an agreement was reached with regards to adoptable animals and spay/neuter services. Dr. Bicks recommended that the Center receive monetary reward for adoptable animals and suggested that a statement be prepared showing the cost of maintaining an animal for one day. The Executive Director announced that rabies tags which were never issued before, will be given out by the Center.

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

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

Adopted by unanimous vote (3-0)
on July 3, 1995

THE CENTER FOR ANIMAL CARE AND CONTROL, INC.

MINUTES

BOARD MEETING - 7/31/95

Board Members and Officers present:

John Doherty, Acting Chair - Commissioner of Sanitation
Benjamin Mojica, MD. - Acting Commissioner of Health
Walter Alicea, Director - Dep. Commissioner - Police Dept.
Jane Bicks, DVM, Director
Martin Kurtz, Executive Director
Douglas Mansfield, Secretary

The meeting was called to order at 12:20 P.M.

Commissioner John Doherty informed the meeting that candidate Rosemary Joyce who is experienced in fund-raising was unable to attend due to an emergency. Her name will be submitted to City Hall for approval. Two of the four legal candidates will be XXXXXXXXXXXXXXXXXXXXXX
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Mr. Kurtz noted that it was important for the candidate to understand the problems encountered at the shelters and the need for euthanasia, and the fact that not every animal could and will be adopted.

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Dr. Bicks noted that the organizational chart is being used to reflect a change in management. Supervisors will be in charge of less staff than they currently supervise.

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Dr. Mojica asked if veterinary technicians administer vaccinations under the supervision of a veterinarian. Mr. Kurtz informed Dr. Mojica that the Queens and Staten Island facilities report to the Brooklyn shelter and the Bronx facility reports to the Manhattan shelter. A veterinarian is always available at the Brooklyn and Manhattan shelters. Dr. Bicks noted that without a licensed veterinarian, the Center cannot give rabies shots. In view of changing this regulation, she suggested that this matter be discussed with the New York State Veterinary Medical Society. Dr. Bicks referred to Attorney XXXXXXXXXXXXX and recommended contacting XXX[872b]

Cybele Fisher-Koppel Director of Public Affairs, spoke of the developments with regard to public relations. She informed the meeting that an outside firm had agreed to assist the Center as a pro bono client. Ms. Fisher-Koppel said that this would certainly benefit the Center in terms of more media coverage and public awareness. She discussed the recent television coverage and press releases. Copies of news articles were distributed. Ms. Fisher-Koppel indicated that she would like to arrange interviews for Mr. Kurtz on certain radio programs and television programs such as Good Day New York Pet Segment.

In response to Mr. Doherty's question regarding adoptions, Mr. Kurtz announced that there are signs at the Brooklyn and Manhattan shelters, also the free weekly advertisements in community papers. Dr. Bicks inquired about the ad for the Transit Authority. Ms. Fisher-Koppel noted that Bosell Advertising had agreed to design an ad pro bono for the Center. She also noted that free bill board space was available in Staten Island. There will be an article on the Center in the Con Edison brochure which will reach consumers with their August bills.

On the topic of lost and found, Mr. Kurtz announced a step that would help to alleviate some of the problems encountered. Veterinary technicians have the opportunity of checking a list of all lost animals before proceeding with euthanasia. He is strongly encouraging communication among the Lost and Found sections of all five shelters, the ASPCA Lost and Found and Police precincts.

Ms. Fisher-Koppel discussed the Center's News Letter which will be sent to approximately 2,500 individuals including past adopters. Ms. Fisher-Koppel also noted that the fund-raising activities are progressing smoothly. She referred to the upcoming street festivals scheduled for the fall. Dr. Bicks suggested that there should be a few animals at the event to encourage and promote adoptions.

Mr. Doherty alluded to the issue of the Center possibly taking over dog licensing and asked whether this would benefit the Center. Dr. Bicks opined that it should be looked into. Enid Carruth noted that chameleon will play a major role in the increase in dog licensing. She referred to the contract and Mr. Mansfield suggested that the contract be changed to accommodate the Center receiving a percentage of the license fees issued as an incentive to the Center to increase the number of dogs licensed. He also noted that the proposed change was in effect during the early 1980's between the Department of Health and the ASPCA. Mr. Doherty referred to the current $60 adoption fee which will increase when the licensing cost is included. This, he noted, could have some effect on adoptions. In response, Mr. Kurtz suggested that the license application be given to the adopter and the Department of Health be notified, to ensure that the license fee is separate from the adoption fee. Dr. Bicks suggested that information on the Center be included with the renewal notice for dog license. The Executive Director informed the meeting that the Department of Health, the ASPCA and the Center are preparing a handout which will consist of important emergency telephone numbers. This handout will be sent along with the renewal notice to dog owners.

A discussion was had regarding the chameleon computer program. The Department of Health anticipates the system will not be on-line until February. Mr. Kurtz explained that this system will provide detailed information on animals in all of the shelters.

The Executive Director gave an explanation as to how the monthly report is compiled. Mr. Doherty requested that the Board members be provided with a report. Ms. Carruth provided Mr. Doherty with a report issued by the Department of Health comparing the Center with the ASPCA.

An inquiry was made regarding comparisons between animal control in New York City and other cities.

A discussion was had regarding the agenda for the next Board meeting. It was decided that the following be included on the next agenda: The Brooklyn Clinic; Center Vehicles; Hiring and Filling Vacancies; Budget Report; Union Contract; and Board Vacancies.

The Board passed by unanimous vote Resolutions 95.10 and 95.11 to recommend Rosemary Joyce and the Commissioner of Parks and Recreation or his designee to the Mayor's Office for approval as new Board members.

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

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

Adopted by 3-0 Vote
on Sept. 20, 1995

THE CENTER FOR ANIMAL CARE AND CONTROL. INC.

MINUTES

BOARD MEETING - 9/20/95

Board Members and Officers present:

John Doherty, Acting Chair - Commissioner of Sanitation
Benjamin Mojica, MD, Acting Director - Acting Commissioner of Health
Walter Alicea, Director - Dep. Commissioner of Police Dept.
Martin Kurtz, Executive Director
Douglas Mansfield, Secretary

The meeting commenced at 12:00 noon.

New Vehicles

Executive Director, Mr. Kurtz discussed the new fleet of rescue vehicles and noted one of the key features of the vehicles is the ability to gain entry from the side and the rear. These vehicles are climate controlled and animals will be transported in the utmost comfort. Photographs of the new vehicles were shown to the members. Six of these nine vehicles are currently in operation and the remaining three should be arriving shortly. In response to a question from Commissioner Doherty, Mr. Kurtz explained that the nine vehicles represent the full fleet for Animal Rescue but there are other vehicles available for the transportation of supplies, Center personnel and for transporting animals to and from other Center facilities. He further stated that the vehicles were leased to the Center. Mr. Doherty asked whether the vehicles would be replaced when the lease is up. Mr. Mansfield responded, that the Center would no doubt enter into a new lease agreement, since the vehicles have been specially customized.

Brooklyn Clinic

[This paragraph was originally redacted claiming an 872g exemption, and was reinstated on appeal] Mr. Kurtz referred to a letter from Dr. Tony Miele, a veterinarian with clinics in Brooklyn and Staten Island, which expressed his interest in providing veterinary services at the clinic in Brooklyn and at other facilities. Mr. Mansfield inferred that if the Center obtains Dr. Meile's services, then a concession agreement could be arranged between Dr. Miele and the Center, for the operation of the clinics for a certain period. It was decided that Dr. Miele would be requested to submit a more detailed proposal. The members agreed that the Center should consider other proposals.

XXXXX[872g] and Todd Davis were interviewed for the vacant Board position. Todd Davis was elected under Resolution 95.13 as a new Board Member. Mr. Doherty announced that Rosemary Joyce was officially a Board member and that the Mayor's Office stated it no longer needed to approve of new Board members. It was agreed that Ms. Joyce and Mr. Davis be invited to attend the next Board meeting.

Commissioner Doherty informed the meeting that it was not necessary to have another ex-officio member. Mr. Mansfield noted that the By-laws would have to be amended accordingly. The Board voted upon Resolution 95.14 to amend the By-laws accordingly.

The minutes of the previous meeting were approved by a 3-0 vote. Dr. Mojica referred to the issue of dog licensing which was discussed at the last Board meeting.

Budget Status

Mr. Hochman presented the fiscal report which showed the amount spent in each budget category. He expressed concern for the low rate of fringe benefits.

Mr. Doherty inquired about the funding for fringe benefits and was informed that the funding rate was 25%. The Controller stated that for the first 6 months of 1995 the Center had two budgets, a start-up budget and an OTPS budget. Mr. Hochman discussed the cost of insurance and legal services and suggested that provisions be made in the new budget to cover these costs. Mr. Doherty asked whether the Center pays rent and Mr. Hochman informed him that the Department of Health is responsible for payment of rent for 11 Park Place, the Bronx and Queens facilities.

Commissioner Doherty inquired if DOH officials were asked about the basis for the current budget figures. Mr. Hochman noted that no decisive answer was obtained but presumably the figures were equated to the ASPCA's previous contract. The Executive Director stressed that the Center's operation is similar to the ASPCA's, but operates with a lower budget. The Controller indicated that a request for funding was made in the proposed budget for certain pivotal areas including advertising and fundraising. In conclusion, Mr. Hochman referred to the audit by the firm of Deloitte and Touche which was conducted in June.

Mr. Mansfield referred to legislation signed recently, that will allow emergency medical technicians to practice endotracheal intubation on small animals. He further stated that the Center has received letters from the public inquiring whether the Center will be involved in this exercise. Proposed Resolution 95.12 was prepared stating that the Center shall not participate in this program. The Board agreed to consider Proposed Resolution 95.12.at its next regularly scheduled meeting allowing members to read the attached material related to this issue.

Human Resource Issues

Virginia Maher reported on the staffing of the Center since it began operations. She cited eight new positions that were created, two of which are Special Advisor to the Center and Adoptions Coordinator. A request was made in the budget proposal for a purchasing agent and a computer specialist. Ms. Maher noted that some successful recruiting was done through the Veterinary Technology program at La Guardia College. Some referrals were also received from the animal rights community. Ms. Maher mentioned the high turnover rate and opined that this will not be the trend in the future. She attributed this to the fact that the Center is still in its first year of operations and many staff members have not been performing satisfactory. Ms. Maher gave a breakdown of some of the reasons for terminations and stated that two employees have filed discrimination complaints against the Center. The Director of Human Resources referred to the updated list of employees and explained the reasons for the vacant positions. In response to a question from Walter Alicea with regards to the difference in salary, Ms. Maher stated that the salary structure was set up in accordance with what the ASPCA offered, since most of the staff were former ASPCA workers. She added that they were given an increase. Commissioner Doherty addressed the issue of additional staff. Mr. Kurtz informed the meeting of Dr. Edward Trewick's retirement. Commissioner Doherty inquired as to how the overtime is monitored.

Mr. Kurtz gave a detailed report on animal statistics. The first category he addressed was animals picked up for the period January through July 1995. He expressed satisfaction with the service in this area and stated that this category represents 20% of the animals received at the shelters, 5% more than the ASPCA. Owner surrendered animals to the shelters were 4% less than what the ASPCA received. Mr. Mansfield indicated that citizens may be taking animals over to the 92nd Street shelter, which is still being run by the ASPCA. The Executive Director discussed the Center's adoption and euthanasia figures which were favorable, when compared to other shelters. There was a discussion regarding exotic animals with specific reference to caimans.

Mr. Kurtz referred to a letter from Merritt Clifton, Editor of Animal People which showed a comparison of New York City's animal control costs to that of other cities.

Mr. Doherty asked that calls regarding animal rescue be included in the statistical report. Mr. Kurtz discussed the steps taken when animals are taken in at the shelters. A video tape of a news segment by Fox 5 regarding the Center was shown.

There being no business before the meeting was adjourned.

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

Adopted by 3-0 Vote
on November 13, 1995

THE CENTER FOR ANIMAL CARE AND CONTROL, INC.

MINUTES OF SPECIAL BOARD MEETING
ON UNION CONTRACT

SEPTEMBER 27, 1995

Board Members and Officers present:

John Doherty, Acting Chair - Commissioner of Sanitation
Rosemary Joyce, Director
Todd Davis, Director (Participated by telephone)
Walter Alicea. Director - Deputy Commissioner of Police Dept. (Participated by telephone)
Enid Carruth (Non-voting participant on behalf of Benjamin Mojica, Acting Director Acting Commissioner of Health)
John Wexler, Attorney from Vedder, Price, Kaufman, Kammholz & Dey
Virginia Maher, Director of Human Resources
Martin Kurtz Executive Director
Douglas Mansfield, Secretary

The meeting commenced at 10:00 a.m.

The Acting Chair, John Doherty extended a warm welcome to new Board member Rosemary Joyce.

Ms. Maher introduced John Wexler and thanked him for the assistance he has given to the Center. She noted that the services offered were pro bono and hopefully arrangements will be made to have these services paid for next year. Commissioner Doherty also thanked Mr. Wexler for his help.

Ms. Maher discussed USWA Local 355 describing how the Center was obligated under the law to recognize the union. On the subject of overtime, Ms. Maher noted that the ASPCA's collective bargaining agreement did not imply that payment of overtime was necessary. She stated that it was made clear to the union and staff representatives who attended the negotiations that the Center was a new organization, and employees were not continuing their tenure with the ASPCA. Commissioner Doherty asked about the Center offering employees less benefits than the ASPCA offered. Ms. Maher stated that certain decisions were made after discussions with consultant Denen Reilly and Mr. Kurtz. XXXXXXXXXXXXXXXXXXXXXXXXXXX[872a] There was a discussion regarding the probationary period. Commissioner Doherty inquired about payment for working on a holiday and was informed by the Human Resources Director that staff who work on a holiday will be remunerated with an additional day's pay. Ms. Maher discussed the Centers participation in the Security Fund. The union's health plan will replace the current plan which is also with Oxford. This change will be less costly to the Center.

Mr. Doherty inquired of the union's history of dealing with labor disputes and other issues such as strikes, and Ms. Maher informed him that she was not aware of any strike issues only organized sick outs on the busiest adoption days.

Ms. Maher shared the written comments made by new Board member Todd Davis regarding the contract. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
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Ms. Maher informed the meeting that for the new year the Center would have added OTPS costs related to labor relations, such as legal fees and arbitrator fees. She gave a breakdown of these fees.
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Both Todd Davis and Walter Alicea gave their vote by telephone. The contract was voted on, and approved by a vote of 4 - 0. Enid Carruth did not vote.

Ms. Maher referred to a clause in the contract which gives the employer to right to exercise certain management rights. She thanked Mr. Wexler for his help on this part of the contract. Mr. Kurtz noted that there is ongoing training for staff with consultants. He indicated that employees are pleased that they are afforded the opportunity to become better workers. Mr. Kurtz thanked Ms. Maher for her work. He also thanked Mr. Wexler for his contributions.

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There being no other business to discuss before the meeting the meeting was adjourned.

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

Adopted by 3-0 vote
on November 13, 1995

THE CENTER FOR ANIMAL CARE AND CONTROL, INC.

MINUTES

BOARD MEETING - 11/13/95

Board Members and Officers present:

Margaret Hamburg, MD. - Chairperson
John Doherty, Director
Walter Alicea, Director
Todd Davis, Director
Martin Kurtz, Executive Director
Geoffrey Hochman, Treasurer
Douglas Mansfield, Secretary

Absent -
Rosemary Joyce, Director
Jane Bicks, Director

The meeting was called to order at 12:15 p.m.

The minutes of the last two meetings were approved. Dr. Hamburg abstained her vote as she was on maternity leave during these past two Board meetings.

Resolutions 95.12 and 95.15

Mr. Mansfield discussed recent legislation which was passed allowing Emergency Medical Technicians to practice endotracheal intubations on animals. Proposed Resolution 95.12 states that the Center will not allow EMTs to practice on Center animals Dr. Hamburg noted her concern regarding the background training of the Eats and the time the Center veterinarians would have to donate to this procedure. Mr. Davis raised a concern of what the community's perception of the Center might be if it is asked and agrees to provide animals for this practice. A consensus was reached that the Center should not participate in this program. After a brief discussion, Resolution 95.12 was modified and passed as modified by a vote of 4 - 0, which states in substance that the Center will not participate in this program.

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XXXXXXXXXXXXXX[872a] Resolution 95.15 was passed by a vote of 4 -0.

Executive Report

The Executive Director spoke about the Center's appearance on the Today's Show and the adoption of the dog who was featured on the show, by Bryant Gumbel. A copy of the Center's first subway advertisement was circulated to the members. Mr. Kurtz informed the meeting of a grant received from the Staten Island Borough President. As a result of this, the Pet Receiving Facility in Staten Island will have extended hours of operation, from five days per week, Tuesday through Saturday, to seven days a week, 10 hours per day.

Michael Pastore, Assistant Director of Animal Rescue Services presented a report on the operations of his program. A package which included photographs of the new rescue vans was given to each member. Mr. Pastore spoke about the features and advantages of the new vehicles. The vehicles were equipped with tinted windows which serves as a deterrent to vandalism. All maintenance on the vehicles is handled by Penske, the company from which the vehicles are leased. An update on mileage is provided to Penske. A maintenance form is completed detailing all required maintenance work. Mr. Davis asked if the Center is still using the old vans. Mr. Pastore informed him that there are two mini vans which are used to transport animals to and from shelters. He added that these vans are not a part of the rescue fleet. Mr. Pastore spoke about the rescue calls received and how they are dispatched. An animal intake form is completed when an animal is picked up. In response to a question regarding the number of trucks on the road at any given time, Mr. Pastore notified the meeting that there are usually six trucks on the road.

Dr. Hamburg asked if the calls to dispatch were recorded. She was informed that the recording machine was inherited from the ASPCA in non-working condition and that the Center will acquire a new updated machine in the near future. There was a brief discussion on whether it was necessary to record the calls. Dr. Hamburg noted that her view of calls being recorded was quality control. Michael Pastore commended the rescue team and noted that they are very conscientious workers. Mr. Davis asked about the number of calls received during the night relating to injured animals. Mr. Kurtz responded by stating that most of the calls of this nature come in on weekends when there is rescue service available. After hours and at weekends an answering machine is turned on with a message to advise citizens of what steps to take in the event of an emergency. Mr. Davis noted his intentions to raise funds to expand the rescue hours. Mr. Doherty inquired if there was a driver available at nights or weekends and he was told that a driver is on standby to respond only to public health emergencies. Mr. Davis noted that in light of raising funds it would be helpful to know how many calls are received at nights and at weekends. Mr. Doherty emphasized the importance of having a statistical update on Animal Rescue Services. A discussion followed regarding the percentage of incoming calls that are responded to. Mr. Kurtz referred to the statistics in comparison to the ASPCA and noted that more animals are being picked-up by the Center. It is therefore evident that the response rate to public calls is greater than before.

Anne Earle, Special Advisor presented her report. She indicated that the Center should be active in public education. Everyday people call the shelters with various questions and an increase in the ability to provide answers will definitely be beneficial to the Center. Ms. Earle informed the meeting that the Spanish brochure will be available soon. The Friend of Animals and other groups have provided the Center with several educational materials which are given to the public. All adopters receive a package of literature on various important issues. Ms. Earle mentioned the signs in the New York City parks, which encourage dog owners to have their pets licensed. She mentioned how humane education is now accepted in the schools. This was encouraged by the Humane Education Committee and recently the Director of the Manhattan Shelter and Ms. Earle spoke to a group of students on humane issues including the overpopulation problem and the importance of spaying and neutering. She referred to the NYC Bar Association conference at which Mr. Kurtz spoke and noted that this type of publicity increases public awareness of what the Center is working to achieve. Mr. Kurtz mentioned that a meeting was scheduled with North Shore Animal League in regards to a grant for a spay/neuter clinic.

There was a discussion regarding the statistics on animals adopted. Mr. Kurtz expressed his hope for an increase in adoption in the new year.

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Budget Issues

The Center's budget requirements for 1996 was presented to the Department of Health. Mr. Kurtz noted that the three major budget issues of concern were insurance, the contract provision regarding revenue and full time veterinarians position. Mr. Hochman, the Controller continued on the budget issues. He referred to the pro bono legal services offered to the Center and noted that a request was also made for funds to cover this service in the future. Mr. Mansfield added that pro bono services by Vedder, Price will only be provided until the end of November and Patterson, Belknap should have ended their services in June, but have continued to help the Center pro bono up to the present. They have presented a proposal of what their fees would be at a discounted rate in the event of litigation.

In response to a question from Mr. Doherty, Mr. Hochman explained that the start up money helped to defray certain expenses. Dr. Hamburg asked if there was meeting with DOH staff to discuss the budget issues and Mr. Kurtz informed her that he met with Lisa Polk twice. He added that DOH indicated that the amount specified to give back was negotiable and the Center should present an amount that is more reasonable. Acknowledging this would mean that the Center will have to return some amount of revenue or donations. Dr. Hamburg stated that the Center should not have to give donations received, to the City. Mr. Hochman explained that 99.9% of the adoption funds is paid to veterinarians who perform the spay/neuter surgery. Dr. Hamburg further stated that this would not be feasible since the Center still has a few unfunded needs that must be addressed. Mr. Mansfield added that as a private not-for-profit organization, the Center has the ability to use outside resources to assist in funding its services and if the Center is required to give back money to the City, it means taking away that ability. Mr. Kurtz highlighted some of the areas that have been funded by revenue. Dr. Hamburg suggested that the Center continue to negotiate with the Department of Health and certainly relate her views on this issue. She added that the Center is still in a start-up mode and donors should not be asked to give money with the intent of helping animals while the Center instead gives it back to the City. Mr. Doherty noted his support for this position.

Mr. Davis suggested that the Center prepares monthly budgets. Mr. Kurtz stressed the importance of being funded for insurance. He further expressed his concern regarding the unavailability of funds for legal services. Mr. Doherty asked about DOH's decision on the status on the budget. Mr. Kurtz informed him that he was asked by DOH to decide and let them know how much revenue should be given back to them. He did not make a decision since he was awaiting Dr. Hamburg's views on this matter. Mr. Mansfield referred to a letter which was sent to Assistant Commissioner Randy Dupree, requesting that the provision to give back revenue to the City be deleted from the contract.

Mr. Kurtz explained the micro-chipping procedure. He suggested that the Department of Health micro~hip any dog released to the public as dangerous or vicious. Dr. Hamburg inquired of the importance of scanning the dog in the field. Mr. Mansfield explained that in a situation where a dog is seriously injured and is not wearing a collar, it can be scanned and be identified.

The Executive Director discussed the issue of the Brooklyn Clinic. He noted that the ASPCA has become more willing to work with the Center in certain situations. They have agreed to provide the Center with $500 in medical care for all animals adopted from the Brooklyn Shelter. There was a discussion regarding setting up a veterinary clinic in the Staten Island facility.

There was a discussion regarding the seventh vacant Board position. XXXXXXX[872g] was mentioned as a candidate recommended by XXXXXXXXXXXXXXXXXXXXXXX[872g] It was agreed that copies of XXX resume would be sent to all Board members for consideration. The Board then went into executive session.

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

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

Adopted by 5-0 vote
on January 30, 1996

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