Gallup McKinley County Animal Control Authority

Planning and Development Department Clyde “C.B.” Strain, Director GALLUP-McKINLEY COUNTY ANIMAL CONTROL AUTHORITY AGENDA Tuesday, January 9th, 2018, 1:00 p.m. City Hall Council Chambers *** Call to Order / Roll Call *** Approval of November 14th, 2017 Meeting Minutes PUBLIC HEARINGS ITEM ONE: Update from City Council and County Commissioners Meetings regarding the influx of Navajo Nation animals- Clyde (CB) Strain, Planning & Development Director ITEM TWO: Tabled item from November 17, 2017 Board Meeting. Recommendations for the influx of Navajo Nation animals- Clyde (CB) Strain, Planning & Development Director INFORMATION ITEMS ITEM THREE: Recognition of new Vice-Chairperson, Billy Moore ITEM FOUR: Recognition of newly appointed Board Member, Dorie Rowberry *** Open Floor *** Adjourn 110 West Aztec Avenue • Gallup, New Mexico 87301 • phone 505.863.1240 • email cstrain@gallupnm.gov  Minutes November 14, 2017 Regular Meeting  Gallup-McKinley County Animal Control Authority November 14th, 2017 Minutes City Council Chambers The Regular Meeting of the Gallup-McKinley County Animal Control Authority was called to order at 1:00 p.m. by Chairwoman Cherry Menapace. Upon roll call, the following were present: Cherry Menapace Dr. Oscar A. Palomo, MD Patty Holland Billy Moore Presented to the Chairwoman and Authority Members for their approval were the minutes of the April 11th, 2017 Meeting. Board Member Moore motioned for approval of minutes as presented. Seconded by Board Member Palomo. Motion Carried. Upon roll call, the following votes were: Billy Moore (Yes) Dr. Oscar A. Palomo, MD (Yes) Patty Holland (abstained- did not attend 4/11/17 meeting) Cherry Menapace (Yes) Madam Chair Menapace introduced and welcomed new Board Member, Dorie Rowberry who would be only observing since she won’t be an official appointed board member until this evening’s City Council Meeting. Mrs. Rowberry stated that she was very happy to be there. ITEM ONE: Discussion of Proposed Changes/Amendments to City of Gallup Animal Control Ordinance Cosy Balok, Animal Control Coordinator explained that errors and unclarified issues on the City Animal Control Ordinance were brought to the City Attorney’s attention to revise, which he will discuss. Curtis Hayes, City Attorney provided a Summary Sheet of changes to the Board (a copy is attached hereto, marked as Exhibit A and made a part of these official minutes.) Mr. Hayes gave a background on the City’s Animal Control Ordinance. Mr. Hayes explained that most of the changes were for procedural clarification and some substitute changes. Mr. Hayes discussed the following main changes: 1. Section 5-3-2, under Qualified Assistance Animal definition clarify that an “emotional support animal” is not considered to be a service animal under either Federal or State law. Therefore does not have to be allowed in businesses. If the Gallup McKinley County Animal Control Authority Meeting November 14th, 2017 Minutes Page 1 of 9  City wanted to under a City Ordinance they could define them as Assistance Animals. 2. Throughout the Ordinance it defers day-to-day operations to the City Manager, so will change from “City Manager” to “Animal Protection Officer” or “Animal Control Division” because the City Manager does not do things at the field level. 3. Coincide Section 5-3-9 and 5-3-10 to have one (1) consistent set of rules pertaining to the seizing and impounding of animals. The current Ordinance has several different provisions on how and when animals can be seized and what happens when impounded. 4. Add to Section 5-3-9 (Impounding Animals) that abused, vicious and dangerous animals are not automatically returned to the owner when impoundment fees are paid. The current Ordinance states that if an animal has been impounded, no matter the reason the animal owner can pay impoundment fee and get their animal back. Sometimes that’s appropriate and other times it’s not appropriate until a court of law and/or an observation period has passed. The revision makes clear that abused, vicious and dangerous animals don’t get automatically returned to the owner. 5. Clarify Section 5-3-10A (Seizure and Disposition of Animals) that a search warrant should be obtained to enter a residence unless there is an immediate threat to the animal’s life or if consent is obtained. The revision will make the statue consistent with current US Supreme Court and New Mexico Court of Appeal decisions. 6. Revise Section 5-3-10B (Seizure and Disposition of Animals) to eliminate the separate court procedure to determine whether an animal should be returned to the owner and make that decision part of the criminal case. The current Ordinance states that if you have an impounded animals they have to have a separate court hearing (like a bond hearing) to decide if the animal will be returned to owner. The revision consolidates to have the judge decide all at once on the criminal charges and if the animal will be returned to owner. 7. Add to Section 5-3-32 (Dogs or Livestock Running At Large) that allows for livestock running at large to be impounded on the first offense. All other animals still required two (2) instances of the animal being picked up and warnings given to the owner before the animal can be impounded. The current Ordinance states that only warnings are given and if animal is seized you immediately return it and don’t impound it. 8. Add to Section 5-3-28 (Animals Disturbing the Peace) that allows for animals whom disturb the peace to be seized and impounded; generally chronic barking dogs. 9. Revise Section 5-3-51-3: (Vietnamese Potbellied Pigs or Potbellied Pigs) to outlaw pot-bellied pigs. The current Ordinance states that potbellied pigs are allowed with a permit. Mr. Hayes stated in addition to the major changes there are other minor changes and asked the Board if they would like to go through those, which are marked red (in their agenda packets.) Gallup McKinley County Animal Control Authority Meeting November 14th, 2017 Minutes Page 2 of 9 Board Member Palomo asked for clarification on animals disturbing the peace to be seized and impounded (Section 5-3-28). Board Member Palomo spoke about situations where dogs are barking loud one time and asked Mr. Hayes to specify what constitutes a warning. Mr. Hayes stated that it’s left to the discretion of the Animal Control Officer and read the new provision wording. Cosy added that the barking issue pertained to chronic barking and explained how complainants had to complete forms specifying times. Cosy stated in the City Ordinance it’s specified on times that dogs aren’t allowed to bark. Board Member Palomo explained how he fostered dogs and knew they howled at night, but now better understands that it’s a chronic thing. Board Member Moore commented that people can also complain about barking dogs if they don’t like their neighbor or if someone works at night that sleeps during the day. Mr. Hayes added that an owner can’t be cited unless it’s unlawful for a person to allow an animal to persistently and continuously bark, howl or make noise common to their species or otherwise disturb the peace of inhabitants of the City between 9 p.m. and 7 a.m. Also if the noise could be heard more than fifty feet (50’) from the source, which is all evidence of the violation. Board Member Holland spoke about instances where dogs bark because of neighborhood parties or other dogs running loose; how was it investigated when dogs were doing what’s considered their normal duty and just responding to something external that’s not their fault. Mr. Hayes stated that he hoped Animal Control Officers were using common sense and recognizing those kinds of things. Clyde (C.B.) Strain, Planning & Development Director recommended adding a provision in the Ordinance stating that an investigation needed to be made to determine the cause of the disturbance. CB explained that in order to be fair they needed to gather evidence and proof in order to make a decision. Board Member Moore stated that he wanted to hear more about the pot-bellied pigs (Section 5-3-51-3). Cosy stated that recently there has been an increased amount of pot- bellied pigs in the City and became a trend where people were caring for them improperly. Cosy spoke about specific conditions for pot-bellied pigs such as, feeding amounts, weight amounts and separating from other animals. In the current Ordinance it states they’re not to have cattle, livestock, sheep or any farm animals within the City limits; revised Ordinance will now consider a pot-bellied pig outlawed. Board Member Moore asked what would happen if someone moved here from another area who owned a pot-bellied pig. Board Member Holland also asked about existing pot-bellied pigs in the City. Mr. Hayes stated that the only way a pot-bellied pig could stay in the City would be if they had a current legal permit and didn’t’ think we had any who were permitted. Board Member Holland asked if the plan was to also update the County Ordinance. Mr. Hayes responded that the County Attorney, Doug Decker was sent a draft copy of the City revisions and the County was waiting to see what final changes the City Council approved. Ultimately would like to have the City and County Animal Control Ordinance consistent. Gallup McKinley County Animal Control Authority Meeting November 14th, 2017 Minutes Page 3 of 9 After reviewing all the proposed changes and amendments, CB asked for the Board’s recommendation to adopt the revised City Ordinance. CB explained that their recommendation would be presented by Mr. Hayes to City Council who has the final approving authority. Motion was made by Board Member Moore for a positive recommendation of the proposed changes and amendments to the current City Ordinance. Seconded by Board Member Holland. Motion Carried. Upon roll call, the following votes were: Billy Moore (Yes) Patty Holland (Yes) Cherry Menapace (Yes) Dr. Oscar A. Palomo, MD (Yes) ITEM TWO: Annual Open Meetings Act, Resolution #RA 2017-01 CB Strain explained that the Open Meetings Act needed to be adopted every year and the last time the Board did it was in September 2016. CB stated that if the Board approved Resolution #RA 2017-01, it would come before the Board every January to readopt. CB explained that the Joint Powers Agreement (JPA) states that the Board should have a meeting at least every quarter, so requested to change the Board Meetings from monthly to quarterly (if staff has items or Board has items.) CB explained if approved, meetings will be on the second Tuesday of every January, April, July and October at 1:00 p.m. in the City Hall Chambers. CB indicated that regular meetings will require a ten (10) day notice to media, special meetings three (3) day notice and emergency meetings twenty-four (24) hour notice. Staff recommended approval of the Open Meetings Act Resolution and if approved they would have their next meeting in January 2018. Board Member Moore wanted to bring to the Board’s attention that they needed to do a quarterly report to the County Commission. CB responded that he was correct and that’ll be done. CB explained that another reason they would like to present the quarterly report was to be in compliance with the Joint Powers Agreement (JPA). Board Member Moore added that no one had went to the County Board of Commissioners last year and submitted a budget. CB stated that it would be done shortly and on December 12, 2017 it would be addressed at the County Commissioner Meeting. Board Member Moore added that the County did not budget the Animal Control costs. CB stated that all those issues are being addressed. Motion was made by Board Member Palomo to approve Resolution # RA 2017-01. Seconded by Board Member Holland. Motion Carried. Upon roll call, the following votes were: Dr. Oscar A. Palomo, MD (Yes) Gallup McKinley County Animal Control Authority Meeting November 14th, 2017 Minutes Page 4 of 9  Patty Holland (Yes) Billy Moore (Yes) Cherry Menapace (Yes) ITEM THREE: Nomination and Election of new Vice-Chairperson Cosy stated that the GMCAC Authority Board was required to nominate and elect a new Vice-Chairperson due to Glen Benefield moving. Madam Chair Menapace opened the floor for Vice-Chairperson nominations. Motion was made by Board Member Holland to nominate Board Member Billy Moore as Vice-Chairperson. Seconded by Board Member Palomo. Motion Carried. Upon roll call, the following votes were: Patty Holland (Yes) Dr. Oscar A. Palomo, MD (Yes) Billy Moore (Yes) Cherry Menapace (Yes) ITEM FOUR: Financial Report Board Member Holland who is also City of Gallup’s Chief Financial Officer stated that in their agenda packets (Page 4-1 & 4-2) was the budget analysis report, which was a basic financial analysis report. Board Member Holland noted that it was their first financial report to the Board. Board Member Holland explained that the Personnel Account was for five (5) full-time employees, which covered their wages, retirement, overtime, insurance, etc. The Personnel Account budget was allocated $248, 372 and thus far had spent a total of $68,052 so overall they’re on track to be within the budget by the end of fiscal year. Board Member Holland explained that the only variance would be if there were to be an employee vacancy, injured employee on leave or for additional overtime. The Operations Account budget was allocated$371,451 and had spent $96,805 where the biggest cost was for professional services and rent of the building. Board Member Holland explained that the professional services consisted of veterinary services and animal shelter services, which were both on contracts. Overall for all expenditures they’ve spent twenty six point six percent (26.6%) as of the third quarter and just closed fourth quarter (not available yet). Board Member Holland explained that they’re right on budget for what was anticipated and if there’s an additional or extraordinary item that comes up usually takes to City Council requesting for additional funding. Madam Chair Menapace asked the Board if they had any questions. There were none. Gallup McKinley County Animal Control Authority Meeting November 14th, 2017 Minutes Page 5 of 9 Motion was made by Board Member Moore to accept the financial report. Seconded by Board Member Palomo. Motion Carried. ITEM FIVE: Animal Control Statistics from January 2017 to October 2017. Discuss problems arising with Navajo Nation animals. Cosy stated her concerns about having an increased amount of incoming Navajo Nation animals at the shelter. Cosy explained that their statistic reports usually have the City and County numbers combined and the Navajo Nation’s numbers get combined with the City, but for this afternoon’s report they separated all three of them. Cosy explained that Animal Control Officers don’t capture animals on the Navajo Nation Reservation, those Navajo Nation numbers come from Navajo Nation animals being dropped off. Cosy explained the importance of always have the facility open for City and County animals. Cosy spoke about previous years where the Humane Society would euthanize over three- thousand (3,000) healthy animals per year, however now they’re are almost a no-kill shelter utilizing a transfer program (sending animals to other facilities). Hopefully they never have to go back to euthanizing, but with the massive amount of incoming Navajo Nation animals it’s too many animals for them to handle. Cosy stated that the Navajo Nation doesn’t contribute financially and was told by the City not to ask for any fees when Navajo Nation animals are dropped off. Cosy asked the Board for a solution because as time goes on its grown worse. Board Member Palomo asked if it would help to eliminate the five (5) day waiting period for the animals coming off the Navajo Nation and then get transferred out. Cosy stated no because the Humane Society was doing an average of three (3) transports per week, which the Humane Society had already paid over $23,000 in ten months on transporting; they can’t afford to do more. Cosy stated that she didn’t think people understood the massive amounts of incoming animals, so showed her huge transport binder to the Board where each sheet represents between six (6) and seventy-six (76) animals transported out per week. Cosy explained how she attempted to call Glenda Davis of the Navajo Nation Animal Control as well as her supervisor to address the issue, but her calls were never returned. Cosy spoke about Navajo Nation residents being frustrated because they don’t have a place on the reservation to take their animals. Cosy spoke about a common situation where a Navajo Nation resident stated that the Navajo Nation provided all “this” for Gallup Animal Control and when people shopped in Gallup their taxes went to them. Cosy asked the Board if they should continue to accept animals from the Navajo Nation. Madam Chair Menapace asked Cosy what her recommendation would be. Cosy suggested giving out facility phone numbers to the Arizona and the Navajo Nation animal shelters and only taking animals from local residents. Cosy stated that they’re only able to handle one-hundred and seventy (170) animals per day. Board Member Moore asked Cosy what she thought would happen if (Navajo Nation) residents were turned away; won’t they just be eventually dumped off on the streets. Gallup McKinley County Animal Control Authority Meeting November 14th, 2017 Minutes Page 6 of 9 Cosy stated yes, that did happen a lot and they appreciate the drop offs, but would be better if people could neuter/spay their animals. Board Member Moore asked if they were to contact the Navajo Nation, could they establish a working relationship. Cosy stated possibly and she has tried numerous times. CB added that the Mayor also attempted to communicate with the Navajo Nation and had no luck; to them it’s a very minor issue. CB recommended adding to the Animal Control City Ordinance making it a misdemeanor or charging a fine if someone was caught dumping an animal off and prohibit Arizona animals from being dropped off at the shelter. Cosy added that they already had an Ordinance in place for abandoning animals. CB stated he understood that, but make it specific to animals outside their jurisdiction, namely Arizona, but would have to review with City Attorney. Board Member Holland asked for clarification on the spay and neuter program. Cosy explained that the Humane Society runs the spay and neuter low cost program and this year 1,580 animals have been spayed or neutered. For a dog neuter it costs $65 and if it’s determined the animal owner can’t pay, they will do for free. For a cat spay it’s free because the Humane Society has a grant for that, no matter where they came from. Cosy stated that it’s not advertised, just by word of mouth. Board Member Holland asked why it wasn’t being advertised. Cosy stated that they’re already booked out two (2) months and if it were advertised it would be booked out a year. Board Member Holland commented that if we don’t have welcoming arms to the animals, then eventually they have to fend for themselves. Board Member Holland also wanted to add that when people shop in Gallup their money was generated into gross receipts, which gives tax dollars to fund the City. Board Member Holland encouraged the idea of an outreach program to educate animals owners about the spay and neuter programs. Cosy stated that she would like the Board to recommend to the Navajo Nation to have a law that requires all animals be spayed and neutered. Board Member Palomo spoke about going up the chain of command to contact the Navajo Nation Animal Control. Board members discussed possibility of having a positive article explaining how the animals in Gallup aren’t being euthanized by the use of the program. Board Member Holland suggested working with the media to promote a free or five dollar ($5) adoption day. Cosy stated that the Humane Society does do that. Cosy spoke about the educational packet (page 6-1 thru 6-5) that Animal Control distributes to the public. Kyle Chancellor of the Gallup Independent asked if Cosy thought an official was directing Navajo Nation residents to bring animals to the Gallup Shelter because they didn’t want to deal with them and knew Gallup would take them. Cosy stated she assumed the Navajo Nation was directing them to Gallup since that’s what customers indicated. Cosy spoke about how the Navajo Nation shelters aren’t often open or available via telephone. Gallup McKinley County Animal Control Authority Meeting November 14th, 2017 Minutes Page 7 of 9 Board Member Holland suggested asking San Juan County how they’ve dealt with those same issues. Cosy stated she hasn’t spoken with them. Cosy spoke about possibility of verifying residency by asking people whom are dropping off animals for their (drivers) license. Board Member Moore asked how they would know if it was a City, County or Navajo Nation animal, if just dumped off. Cosy stated they wouldn’t know. CB suggested tabling the item and the Board can have time to review it and bring back in January since there’s no easy solution to this problem. CB added that the point of this issue is that a majority of City and County funds are being spent on out-of-state animals. Cosy added that the Humane Society can only afford so much as well, they have a contract to only care for City and County animals; not for the Navajo Nation or Arizona. Cosy explained that the situation had been financially tough on the Humane Society and that it’s cost them $24,000 since January 2017 to transport animals. Board Member Moore asked if they had more money would it help the problem. CB stated that it was a small operation for all McKinley County, City of Gallup and now the Reservation for their under sized facility and staff to handle. CB stated that he didn’t think money or even a larger facility would solve the problem. Cosy stated that the Humane Society can only do so many transports and may run out of money if continued and at that point not sure what would happen. Board Member Holland asked for additional information on the transports, if there were more of a demand to place those animals would they be able to get them there. Cosy stated she thought so. Cosy explained that a majority of animals being transported out don’t get neutered or spayed until they get to the other facility. Board Member Palomo asked if they can extend the spay and neuter programs to the weekends. Cosy stated that they only do it three (3) times per week and if they wanted more they would have to hire more veterinarians. Board Member Palomo spoke about possibility of having a separate facility for just spaying and neutering. Board Member Holland asked Cosy to explain their animal holding process. Cosy explained that when an Animal Control Officer picks up an animal or if a person picked up an owned animal (tagged) it’s held for five (5) days. Cosy stated if a person brings in a litter of animals it automatically becomes a part of the City and tries to get transported out as soon as possible. Cosy stated that it really depends on the situation. Motion was made by Board Member Moore to Table Item Five until next meeting. Seconded by Board Member Palomo. Motion Carried. Upon roll call, the following votes were: Billy Moore (Yes) Dr. Oscar A. Palomo, MD (Yes) Patty Holland (Yes) Cherry Menapace (Yes) Gallup McKinley County Animal Control Authority Meeting November 14th, 2017 Minutes Page 8 of 9 Madam Chair Menapace added that she thought the media publicity would help the Navajo Nation step up. Board Member Palomo added that he knew there were many people on the Navajo Nation who were animal lovers. ITEM SIX: Information packet being distributed to public Cosy stated that the information packet, which she spoke about earlier, was to help the public become more aware of spaying and neutering. Open Floor: No discussion. Motion was made by Board Member Moore to adjourn meeting. Seconded by Board Member Palomo. Motion Carried. Upon roll call, the following votes were: Billy Moore (Yes) Dr. Oscar A. Palomo, MD (Yes) Patty Holland (Yes) Cherry Menapace (Yes) Authority Board meeting adjourned at 2:06 p.m. GALLUP McKINLEY COUNTY ANIMAL CONTROL AUTHORITY ______________________________________________ CHAIRWOMAN CHERRY MENAPACE ATTEST: ______________ CLYDE (C.B.) STRAIN SECRETARY TO GALLUP McKINLEY COUNTY ANIMAL CONTROL AUTHORITY Gallup McKinley County Animal Control Authority Meeting November 14th, 2017 Minutes Page 9 of 9 EXHIBIT A  Public Hearings ITEM ONE Update from City Council and County Commissioners Meeting regarding the influx of Navajo Nation animals Clyde (C.B.) Strain, Planning & Development Director (NO SUPPORTING DOCUMENTATION SUBMITTED)  Public Hearings ITEM TWO Tabled item from November 17, 2017 Board Meeting. Recommendations for the influx of Navajo Nation animals. Clyde (C.B.) Strain, Planning & Development Director and Cosy Balok, Animal Control Coordinator (NO SUPPORTING DOCUMENTATION SUBMITTED)  Information Items ITEM THREE Recognition of new Vice-Chairperson, Billy Moore Cosy Balok, Animal Control Coordinator  Animal Control Department Clyde “C.B.” Strain, Director Cosy Balok, Animal Control Coordinator MEMORANDUM Date: January 5, 2018 To: Gallup McKinley County Animal Control Authority Board From: Cosy Balok, Animal Control Coordinator Subject: Recognition of new Vice-Chair, Billy Moore Discussion: At the November 14, 2017 the GMCAC Authority Board Meeting, Billy Moore was elected as the new Vice-Chairperson. In the event that Chairwoman Cherry Menapace is unavailable to attend a meeting, Vice-Chair Billy Moore will step in to fulfill the chair responsibilities. 1315 B Hamilton Road • Gallup, New Mexico 87301 • phone 505-726-1453 • email cbalok@gallupnm.gov  Information Items ITEM FOUR Recognition of newly appointed Board Member, Dorie Rowberry Cosy Balok, Animal Control Coordinator  Animal Control Department Clyde “C.B.” Strain, Director Cosy Balok, Animal Control Coordinator MEMORANDUM Date: January 5, 2018 To: Gallup McKinley County Animal Control Authority Board From: Cosy Balok, Animal Control Coordinator Subject: Recognition of Newly Appointed Board Member, Dorie Rowberry Discussion: Dorie Rowberry was appointed by Mayor McKinney to the vacant City Position on the GMCAC Authority Board at the City Council Meeting on November 14, 2017. Mrs. Rowberry will be replacing Glen Benefield’s position due to his relocation in October 2017. Reference the Joint Powers Agreement for Animal Control between The City of Gallup & McKinley County, effective July 1, 2016. Whereas, “The activities of GMCAC shall be governed by Board which shall have five (5) members: three (3) members appointed by CITY and two (2) members appointed by the COUNTY.” With the admittance of Mrs. Rowberry, the GMCAC shall be in compliance with the JPA. 1315 B Hamilton Road • Gallup, New Mexico 87301 • phone 505-726-1453 • email cbalok@gallupnm.gov