Gallup McKinley County Animal Control Authority

Planning and Development Department Clyde “C.B.” Strain, Director GALLUP-McKINLEY COUNTY ANIMAL CONTROL AUTHORITY MEETING AGENDA Tuesday, April 13th, 2021, 1:00 p.m. PUBLIC NOTICE: In accordance with the public health order issued by the New Mexico Department of Health, the meeting will be physically closed to the public; however, it will be accessible to the public via the following technology service: Facebook Live Stream through the City of Gallup’s Facebook page: https://www.facebook.com/CityOfGallup Members of the public may call in with questions and/or comments before or during the meeting at (505) 863-1240. Please leave your name and a return phone number. *** Call to Order / Roll Call *** Approval of January 12th, 2021 Meeting Minutes PUBLIC MEETINGS ITEM ONE: Quarterly Financial Report - Clyde (C.B.) Strain, Planning & Development Director ITEM TWO: FY 2022 Projected Budget (ITEM REMOVED) ITEM THREE: Discuss recommended revisions to the City of Gallup Animal Control Ordinance - Cosy Balok, Animal Protection Supervisor and Curtis Hayes, City Attorney INFORMATION ITEMS ITEM FOUR: Recognition of New Vice-Chair, Dr. Oscar A. Palomo ITEM FIVE: Feral Cat Problem in Gallup and McKinley County *** Open Floor *** Adjourn 110 West Aztec Avenue • Gallup, New Mexico 87301 • phone 505.863.1240 • email cstrain@gallupnm.gov  Gallup-McKinley County Animal Control Authority January 12th, 2021 Minutes Virtual Meeting The Regular Meeting of the Gallup-McKinley County Animal Control Authority was called to order at 1:00 p.m. by Madam Chair Dorie Rowberry. Madam Chair Rowberry stated that the meeting was being held virtually via video and telephone conferencing. The meeting was also being live streamed for the public through the City of Gallup’s Facebook page. Madam Chair Rowberry also notified the Board that there may be individuals calling in from the public to make comments during the meeting. Upon roll call, the following were present: Dorie Rowberry Dr. Oscar A. Palomo, MD Patty Holland Ruth Gonzales Baca Henrietta Soland Presented to the Madam Chair and Authority Board Members for their approval were the minutes of the November 3rd, 2020 meeting. Board Member Palomo motioned for approval of minutes as presented. Seconded by Board Member Gonzales Baca. Motion Carried. Upon roll call, the following votes were: Dr. Oscar A. Palomo, MD (Yes) Ruth Gonzales Baca (Yes) Patty Holland (Yes) Henrietta Soland (Yes) Madam Chair Rowberry asked the Madam Secretary to state the names of the individuals attending the virtual meeting. Upon roll call the following were present: CB Strain, Planning and Development Director Cosy Balok, Animal Protection Supervisor ITEM ONE: Annual Open Meetings Act, Resolution #RA 2021-01 Clyde (C.B.) Strain, Planning & Development Director began by explaining how this item was the Board’s annual review of the New Mexico Open Meetings Act. C.B. stated that nothing had changed from last year, unless the board wanted to amend the times or the days of the meetings. If there were no changes, it would stand as follows: The Board will have regular meetings on the second Tuesday of January, April, July and October at 1 p.m. Regular meetings will require a ten (10) day notice, special meetings three (3) day Gallup-McKinley County Animal Control Authority Meeting January 12th, 2021 Minutes Page 1 of 8 notice, and emergency meetings twenty-four (24) hour notice to the news media. C.B. explained how with emergency meetings, there is certain criteria that must be met and that has to be disclosed to the State Attorney General’s Office. There are also provisions included in the resolution regarding the procedures to the news media and compliance with ADA requirements. C.B. stated that if there are not any changes they can adopt the resolution as is or the Board can make changes and adopt a revised resolution. Madam Chair Rowberry asked the Board Members if they had any questions or changes. Board Member Gonzales Baca asked which newspaper the meeting was advertised in. C.B. responded that it was advertised in the Gallup Sun. Madam Secretary, Nikki Lee added that if something were to come up last minute they could advertise in the Gallup Independent if they did not meet the deadline for Gallup Sun. The primary reason for advertising in the Gallup Sun is because it is cheaper than the Gallup Independent. C.B. stated how state law requires they advertise in a newspaper that’s in general circulation to the public so they met the standard. Board Member Palomo asked why the newspaper charged for the advertisement; he thought it would be a public service announcement. C.B. stated that they do charge for the space in the newspaper; they all charge because they are private entities. Board Member Palomo asked if it would be better to change to a seven (7) day notice rather than a ten (10) day notice. C.B. responded it has to be a minimum of ten (10) days per state law, which is why they have it at ten (10). They could do more than ten (10) days, but not any less. Board Member Palomo stated that he understood and thanked C.B. for answering his question. Madam Chair Rowberry asked the Madam Secretary if there was anyone who called in wishing to speak to Item One. There were none. Madam Chair Rowberry stated that the item was closed. Motion to approve or deny Resolution # RA 2021-01. Board Member Holland motioned for approval of Item One. Seconded by Board Member Palomo. Motion Carried. Upon roll call, the following votes were: Patty Holland (Yes) Dr. Oscar A. Palomo, MD (Yes) Ruth Gonzales Baca (Yes) Henrietta Soland (Yes) ITEM TWO: Budget Increase Request for Overtime Clyde (C.B.) Strain, Planning & Development Director began by stating that he was requesting $8,000 to cover overtime expenses for Animal Protection Officers who work on-call and after hours depending on if it’s an emergency. COVID-19 hit everybody Gallup-McKinley County Animal Control Authority Meeting January 12th, 2021 Minutes Page 2 of 8 pretty hard and the city had to decrease their budget, which was appropriate. However, Animal Control was still required to provide services to the public. The city came up with an amount that they hoped would carry Animal Control to the next budget cycle. They were initially budgeted $10,000 and have expended $7,673.67 to date, leaving a balance of $2,326.33. That’s not enough to cover their overtime because they still need to provide the service. C.B. explained how Animal Control has been trying to be very selective on the overtime as far as the types of calls whereas they only respond to emergency calls after-hours. If they are emergency calls that could wait until the following day they are very good about doing that, but if it’s an emergency they have to respond. C.B. believes $8,000 will carry them through the end of the fiscal year to June 2021. He reminded the Board how they do respond to calls within the City of Gallup and McKinley County, which was a lot for 3 officers to handle. If approved, it will be presented to the City Council on January 26, 2021 for final approval. Then they’ll have to get on the County Commissioner’s meeting agenda to request their approval of the overtime increase. Being that they have a Joint Powers Agreement the county is responsible for providing 40% of the cost for Animal Control. Madam Chair Rowberry asked the Board Members if they had any questions. Board Member Gonzales Baca asked for an example of an emergency. C.B. stated a vicious animal or an animal that was hit by a vehicle; things of that nature that constitute an emergency that needs an immediate attention. Cosy added how they do try to limit to actual emergencies. Some cases are where police officers are standing by waiting for Animal Protection assistance for example if there was a car accident or DWI with animals. Animals hit by vehicles that are still alive and vicious dogs. Those are the most common ones they respond to after-hours. Madam Chair Rowberry asked the Madam Secretary if there was anyone who called in wishing to speak to Item Two. There were none. Madam Chair Rowberry stated that the item was closed. Motion to approve or deny the budget increase request for overtime. Board Member Palomo motioned for approval of Item Two. Seconded by Board Member Gonzales Baca. Motion Carried. Upon roll call, the following votes were: Dr. Oscar A. Palomo, MD (Yes) Ruth Gonzales Baca (Yes) Patty Holland (Yes) Henrietta Soland (Yes) The positive recommendation will be presented to the City Council on January 26, 2021 for final approval. Gallup-McKinley County Animal Control Authority Meeting January 12th, 2021 Minutes Page 3 of 8 ITEM THREE: Quarterly Financial Report Patty Holland, Chief Financial Officer began by explaining how the Animal Control Quarterly Report (Pages 3-1 & 3-2) included data from the first quarter of fiscal year 2021 (July 2020 to September 2020). She mentioned how the timings of the meetings do not allow her to provide a more updated report because right now they are barely closing the second quarter, which will not be presented until the next meeting. Board Member Holland explained how the overall spending for Animal Control was right on track as planned other than the issues they had with overtime. As C.B. mentioned earlier, the city did cut budgets and one thing they tried to do was say no overtime. However, this is one department they determined that needed to have overtime. They started with a zero budget in overtime and with this change today it will move to $18,000. The wage spending is a little behind schedule which is going to show a little bit of a savings at the end of the year because of vacancies where there’s a lapse from one employee to the next and because of reclassification of an employee who was moved to a pay that was less than the previous position. Other expenditures that are not showing because they have not been encumbered yet are the uniforms line item, which will not hit until January. They may be overly budgeted on the utilities line item being that this was fairly new to them having to add in gas last fiscal year and not having an accurate history to budget off. Board Member stated that everything was on track to fully utilize their operating budget of about $384,000 whereas most of that was for the payroll, which was about $246,000. Madam Chair Rowberry asked the Board Members if they had any questions. There were none. Madam Chair Rowberry asked the Madam Secretary if there was anyone who called in wishing to speak to Item Three. There were none. Madam Chair Rowberry stated that the item was closed. Motion to accept or not accept the quarterly financial report. Board Member Palomo motioned to accept Item Three. Seconded by Board Member Soland. Motion Carried. Upon roll call, the following votes were: Dr. Oscar A. Palomo, MD (Yes) Henrietta Soland (Yes) Patty Holland (Yes) Ruth Gonzales Baca (Yes) ITEM FOUR: Animal Control Statistics from January to December 2020 Cosy Balok, Animal Protection Supervisor explained how every month they gather statistics and at the end of the year they compile them for the Board. They are broken down by the city, county, and reservation. Notice how there is quite a bit less this year Gallup-McKinley County Animal Control Authority Meeting January 12th, 2021 Minutes Page 4 of 8 compared to last year. In 2020 they took in a total of 3,509 animals and in 2019 they took in 5,004. Cosy explained the reason for the decrease was because the Animal Shelter was closed down around March 17, 2020 and they did not start opening up for appointments until July 9, 2020. They still took in a lot of animals during that time, but just not as much. Another reason for the decreased incoming animals was because the other facilities in Colorado, Utah, and Arizona where the McKinley Humane Society transports animals out to were also closed. So they had no place to send the animals until they reopened. Right now, Animal Control has not fully opened back up to the public; they are by appointment only. Cosy explained how they only take 1-2 people at a time and still does everything like before where people can view the animals, adopt, and surrender. Madam Chair Rowberry asked the Board Members if they had any questions. Board Member Holland stated that on one of the reports (page 4-1) said they had to euthanize 3 animals for a rabies test and asked if any of those tests were positive. Cosy stated there were no positive tests. Madam Chair Rowberry asked the Madam Secretary if there was anyone who called in wishing to speak to Item Four. There were none. Madam Chair Rowberry stated that the item was closed. Motion to accept or not accept the Animal Control statistic report. Board Member Palomo motioned to accept Item Four. Seconded by Board Member Soland. Motion Carried. Upon roll call, the following votes were: Dr. Oscar A. Palomo, MD (Yes) Henrietta Soland (Yes) Patty Holland (Yes) Ruth Gonzales Baca (Yes) ITEM FIVE: Nomination and Appointment of the New Vice-Chairperson Cosy Balok, Animal Protection Supervisor began by explaining how the Board was required to nominate and elect a new Vice-Chairperson due to Dorie Rowberry being appointed as the new Chairperson. The position was now open so today they were asking for a nomination and appointment. Madam Chair Rowberry asked the Madam Secretary if there was anyone who called in wishing to speak to Item Five. There were none. Madam Chair Rowberry opened the floor for nominations. Gallup-McKinley County Animal Control Authority Meeting January 12th, 2021 Minutes Page 5 of 8 Motion was made by Board Member Gonzales Baca to nominate Board Member Palomo as the new Vice-Chairperson. Seconded by Board Member Holland. Motion Carried. Upon roll call, the following votes were: Ruth Gonzales Baca (Yes) Patty Holland (Yes) Dr. Oscar A. Palomo, MD (Yes) Henrietta Soland (Yes) ITEM SIX: Recognition of New Chairperson, Dorie Rowberry Cosy Balok, Animal Protection Supervisor thanked Dorie Rowberry for serving as the new Chairperson. Madam Chair Rowberry asked the Board Members if they had any questions. There were none. Madam Chair Rowberry asked the Madam Secretary if there was anyone who called in wishing to speak to Item Six. There were none. ITEM SEVEN: Recognition of Newly Appointed Board Members, Ruth Gonzales Baca and Henrietta Soland Cosy Balok, Animal Protection Supervisor thanked Ruth Gonzales Baca and Henrietta Soland for serving as new members on the Board. Madam Chair Rowberry asked the Board Members if they had any questions. There were none. Madam Chair Rowberry asked the Madam Secretary if there was anyone who called in wishing to speak to Item Seven. There were none. ITEM EIGHT: Animal Shelter Update Clyde (C.B.) Strain, Planning & Development Director gave the Board an update to the animal shelter. On February 25, 2020 the consultants, Huitt-Zollars presented the animal shelter’s programmatic feasibility study to the Gallup City Council. That presentation was included in the Board’s agenda packets. The consultants reviewed their findings, proposed different designs and sites for the new shelter facility. Proposed site 1 was located on Balok Street, which is the current site location. Site 2 was located on Hasler Valley Road. The advantages and disadvantages of each proposed site were discussed, which also included a breakdown of the projected costs. At that time Council Gallup-McKinley County Animal Control Authority Meeting January 12th, 2021 Minutes Page 6 of 8 was unable to select a site for the new animal shelter facility whereas the item was tabled. At the June 2, 2020 GMCAC Authority Board Meeting the shelter was briefly discussed when Board Member Palomo spoke about how he and Board Member Rowberry went to the Roundhouse Meeting in Santa Fe to seek funding for the shelter. At that time staff informed the Board that no decision had been made on selecting a site. With the change of administration and the way things were progressing C.B. decided to take it back to Council to make a decision. On December 8, 2020 C.B. presented the same study findings and proposals to Council and they selected site 1 located on Balok Street. Right now the City is going through the purchasing process, which includes the appraisal of the property and negotiations with the property owner. The legislative grant funding of $400,000.00 will be utilized to purchase the property and to complete a formal design to have a shovel ready project. Thereafter they will move forward with securing funding and once the funding is secured they can go out to bid. C.B. stated that the project will be about six to eight million dollars and they will have their state lobbyist try to seek funding for this project. A site was finally selected so they are one step closer. Madam Chair Rowberry asked the Board Members if they had any questions. Board Member Gonzales Baca asked if Senator Munoz or Representative Lundstrom were interested in participating. C.B. stated yes they both contributed to the land acquisition and design costs. Board Member Palomo spoke about how Munoz and Lundstrom were both concerned about site 1 having a conflict of interest. He wanted to know if that was still an issue. C.B. stated that nothing was ever brought to his attention or the administration, but will follow up on his concerns. Madam Chair Rowberry asked the Madam Secretary if there was anyone who called in wishing to speak to Item Eight. There were none. Open Floor: Madam Chair Rowberry asked the Madam Secretary if there was anyone who called in wishing to comment on a non-agenda item. There were none. Madam Chair Rowberry asked if there was anyone in attendance that would like to comment on a non-agenda item. There were none. Motion was made by Board Member Palomo to adjourn the meeting. Seconded by Board Member Holland. Motion Carried. Gallup-McKinley County Animal Control Authority Meeting January 12th, 2021 Minutes Page 7 of 8 Upon roll call, the following votes were: Dr. Oscar A. Palomo, MD (Yes) Patty Holland (Yes) Ruth Gonzales Baca (Yes) Henrietta Soland (Yes) Authority Board meeting adjourned at 1:32 p.m. GALLUP McKINLEY COUNTY ANIMAL CONTROL AUTHORITY ____________________________________________ CHAIRMAN DORIE ROWBERRY ATTEST: ______________ CLYDE (C.B.) STRAIN SECRETARY TO GALLUP McKINLEY COUNTY ANIMAL CONTROL AUTHORITY Gallup-McKinley County Animal Control Authority Meeting January 12th, 2021 Minutes Page 8 of 8  Public Meetings ITEM ONE Quarterly Financial Report Transactions from July 2020 to December 2020 Clyde (C.B.) Strain, Planning & Development Director PREPARED 04/09/21, 14:23:47 BUDGET ANALYSIS REPORT 1-1 PAGE 1 PROGRAM GM601L ACCOUNTING PERIOD 06/2021 ADJUSTED CURRENT Y-T-D BALANCE ACCOUNT NUMBER ACCOUNT DESCRIPTION BUDGET ENCUMBRANCES ACTUAL GENERAL FUND 101-2012-421.41-20 FULL-TIME POSITIONS 159,176 0 68,701 90,475 101-2012-421.41-30 PART-TIME POSITIONS 0 0 0 0 101-2012-421.41-40 SEASONAL POSITIONS 0 0 0 0 101-2012-421.41-50 OVERTIME 10,000 0 7,674 2,326 101-2012-421.41-60 ALLOWANCES 6,545 0 2,240 4,305 101-2012-421.41-70 TERMINAL LEAVE 0 0 0 0 101-2012-421.42-10 FICA - SOCIAL SECURITY 10,996 0 5,284 5,712 101-2012-421.42-20 FICA - MEDICARE 2,572 0 1,236 1,336 101-2012-421.42-30 RETIREMENT CONTRIBUTIONS 31,107 0 13,624 17,483 101-2012-421.42-50 GROUP INSURANCE 33,463 0 11,695 21,768 101-2012-421.42-60 RETIREE HEALTH 2,994 0 1,311 1,683 101-2012-421.42-70 UNEMPLOYMENT INSURANCE 0 0 0 0 101-2012-421.42-80 WORKER'S COMP (ASSESSMNT) 46 0 21 25 101-2012-421.42-90 TUITION REIMBURSEMENT 0 0 0 0 101-2012-421.42-99 OTHER 0 0 0 0 ____________ ____________ ____________ ____________ * PERSONNEL 256,899 0 111,786 145,113 101-2012-421.43-10 TRAVEL 0 0 0 0 101-2012-421.44-10 MAINT - BUILDINGS 0 0 0 0 101-2012-421.44-20 MAINTENANCE CONTRACTS 1,500 0 1,452 48 101-2012-421.44-30 MAINT - GROUND/ROADWAYS 0 0 0 0 101-2012-421.44-40 MAINT - EQUIPMENT 500 129 92 279 101-2012-421.44-50 MAINT - VEHICLES 0 0 0 0 101-2012-421.44-51 FUEL PURCHASES 7,500 0 1,738 5,762 101-2012-421.44-90 MAINT - OTHER 0 0 0 0 101-2012-421.45-30 PROFESSIONAL SERVICES 284,000 148,155 130,825 5,020 101-2012-421.45-90 OTHER SERVICES 1,000 0 0 1,000 101-2012-421.46-10 SUPPLIES 6,400 0 601 5,799 101-2012-421.46-20 NON-CAP-FURN, FIX & EQUIP 1,750 0 0 1,750 101-2012-421.46-30 SAFETY EQUIPMENT 5,000 0 63 4,937 101-2012-421.46-40 UNIFORMS 3,500 0 0 3,500 101-2012-421.47-04 EMPLOYEE TRAINING 0 0 0 0 101-2012-421.47-07 POSTAGE AND MAIL SERVICE 200 0 0 200 101-2012-421.47-08 PRINTING & PUBLISHING 200 0 107 93 101-2012-421.47-12 RENT OF EQUIP & MACHINERY 4,500 2,834 1,666 0 101-2012-421.47-13 RENT OF LAND & BUILDINGS 52,800 22,000 30,800 0 101-2012-421.47-14 SUBSCRIPTION AND DUES 800 0 480 320 101-2012-421.47-15 TELEPHONE 0 0 0 0 101-2012-421.47-16 UTILITIES 13,500 0 4,712 8,788 ____________ ____________ ____________ ____________ * OPERATIONS 383,150 173,118 172,536 37,496 101-2012-421.48-20 EQUIPMENT & MACHINERY 0 0 0 0 101-2012-421.48-70 VEHICLES 0 0 0 0 ____________ ____________ ____________ ____________ * CAPITAL OUTLAY 0 0 0 0 PREPARED 04/09/21, 14:23:47 BUDGET ANALYSIS REPORT 1-2 PAGE 2 PROGRAM GM601L ACCOUNTING PERIOD 06/2021 ADJUSTED CURRENT Y-T-D BALANCE ACCOUNT NUMBER ACCOUNT DESCRIPTION BUDGET ENCUMBRANCES ACTUAL ------------ ------------ ------------ ------------ ** EXPENDITURE 640,049 173,118 284,322 182,609 *** ANIMAL CONTROL 640,049 173,118 284,322 182,609 **** SWORN POLICE 640,049 173,118 284,322 182,609 ____________ ____________ ____________ ____________ ***** GENERAL FUND 640,049 173,118 284,322 182,609 ============ ============ ============ ============ 640,049 173,118 284,322 182,609  Public Meetings ITEM TWO FY 2022 Projected Budget ITEM REMOVED  Public Meetings ITEM THREE Discuss recommended revisions to the City of Gallup Animal Control Ordinance Cosy Balok, Animal Protection Supervisor and Curtis Hayes, City Attorney  Animal Control Department Clyde “C.B.” Strain, Director Cosy Balok, Animal Protection Supervisor MEMORANDUM Date: April 9, 2021 To: Gallup-McKinley County Animal Control Authority Board From: Cosy Balok, Animal Protection Supervisor Subject: Recommended revisions to the City of Gallup Animal Control Ordinance Discussion: Animal Control is requesting changes to the City of Gallup Animal Control Ordinance. Curtis Hayes, City Attorney has provided a copy of the proposed changes below:  Section 5-3-49 Vicious Animals has been repealed and a new section inserted in their place.  Section 5-3-50 Dangerous Animals has been repealed and a new section inserted in their place.  Section 5-3-9 (I) Impounding Animals has been amended.  Section 5-3-52-2 Suspensions and Revocations of Permits has been amended.  Section 5-3-52-3 Appeal Procedures for Permit Denial, Suspension or Revocation has been amended.  Section 5-3-2 Definition: Vicious Animal has been amended. Please review the attachment with the new language highlighted in yellow and the deleted language struck though. The Board’s positive or negative recommendation will be presented by the City Attorney to the City Council for final approval. 1273 Balok Street • Gallup, New Mexico 87301 • phone 505-726-1453 • email cbalok@gallupnm.gov  3-1 Sections 5-3-49 and 50 are hereby repealed and the following new sections are inserted in their place: 5 -3-49: VICIOUS ANIMALS: A. No person shall keep or harbor a vicious animal. B. If an animal protection officer and/or peace officer investigates and determines that an animal is vicious, the animal protection officer and/or peace officer shall immediately impound, or cause to be impounded, the animal and deliver to the owner of the animal written notice of that determination on a standardized form that provides notice of the right to appeal the Comment [CH1]: We will need to create a designation, instructions for filing an appeal, and a notice of appeal to be filed with the City form for this. Clerk. C. The owner of the animal may contest the designation of an animal as a vicious animal by an animal protection officer and/or peace officer, by filing the notice of appeal with the City Clerk within five (5) calendar days of notification of the designation. Such hearing shall be conducted according to the procedures set forth in Section 5-3-52-3. Failure of the owner to file a notice of appeal shall result in the animal being declared vicious and humanely destroyed. D. In determining whether or not an animal shall be declared vicious, the animal protection officer, peace officer or hearing officer may consider, as a mitigating factor or factors, whether at the time of the injury, attack or behavior, the person or animal suffering the injury, attack or behavior for which the animal is being determined vicious: 1. provoked, tormented, teased, abused or assaulted the animal thereby causing or contributing to the alleged behavior; 2. committed a willful trespass or other tort upon the private property of the owner or caretaker of the animal; 3. threatened or committed an unjustified attack or assault against the owner, caretaker or person in control of the animal; 4. or any other mitigating factors deemed appropriate for consideration by the animal protection officer, peace officer or hearing officer. 5-3-50: DANGEROUS ANIMALS: A. Dangerous animal permit required. 1. No person shall keep or harbor an animal designated under the provisions of this chapter as dangerous without having obtained a Dangerous Animal Permit. The animal owner shall comply with all conditions of the Dangerous Animal Permit including, but not limited to, all requirements of this section. Any animal which is determined to be dangerous under this chapter and for which a permit has not been obtained shall be surrendered to an Animal protection officer for appropriate disposition including humane destruction. 2. If an animal protection officer or peace officer investigates and determines that an animal is dangerous, the animal protection officer and/or peace officer shall deliver written notice of such determination to the owner of the animal on a standardized form Comment [CH2]: Ditto. that provides notice of the right to appeal the designation, instructions for filing an appeal, and a notice of appeal to be filed with the City Clerk. Should the animal pose an immediate threat to the public health and safety, an animal protection officer may impound the animal.  3-2 3. In determining whether or not an animal shall be declared dangerous, the animal protection officer, peace officer or hearing officer appointed pursuant to Section 5-3- 52-3, may consider, as a mitigating factor or factors, whether, at the time of the injury, attack or molestation, the person or animal suffering the injury, attack or molestation: (a) provoked, tormented, teased, abused or assaulted the animal, thereby causing or contributing to the alleged behavior; (b) committed a willful trespass or other tort upon the private property of the owner or caretaker of the animal; (c) threatened or committed an unjustified attack or assault against the owner, caretaker or person in control of the animal; (d) or any other mitigating factors deemed appropriate for consideration by the animal protection officer, peace officer or hearing officer. 4. The owner of the animal may contest the designation of an animal as a dangerous animal by an animal protection officer and/or peace officer, by filing the notice of appeal with the City Clerk within five (5) calendar days of notification of the designation. Such hearing shall be conducted according to the procedures set forth in Section 5-3-52-3. If a notice of appeal is not timely filed, the hearing process shall be deemed waived by the owner, and the dangerous animal declaration will be considered final. 5. Unless a notice of appeal is timely filed, upon receipt of written notification by the animal protection officer and/or peace officer that an animal has been designated as dangerous, the owner shall submit an application for a Dangerous Animal Permit within seven (7) calendar days of notification of the designation, or within seven (7) calendar days of the determination by a hearing officer that the animal is dangerous. The application for a permit shall contain the name of the applicant, applicant's address, the applicant's home and business phone numbers, the address and description of the proposed location of where the animal will be kept, if different from applicant's, and a complete description and photograph of the animal. The permit shall contain all of the requirements of this section and any additional conditions or requirements deemed necessary by the Supervisor of Animal Protection to protect the public health or safety. 6. No permit obtained under this section is transferable. If the owner's address or the location where the animal is kept changes or the owner transfers ownership of the animal, the permit shall become null and void and an application for a new permit must be submitted to the Animal Protection Division. 7. A permit issued under this chapter is subject to renewal and approval each year and is subject to conditions and requirements existing as of the date of renewal. The permittee shall pay an annual fee for this permit pursuant to the procedures established by the Animal Protection Division. If permittee fails to file an application for renewal or pay the permit fee prior to the permit anniversary date the permit shall automatically become void. 8. If the owner or permittee has a history of multiple violations of this chapter or of the conditions of any previously issued dangerous animal permit, the Animal Protection Division or hearing officer may deny the permit and impound the animal for appropriate disposition as determined by the Animal Protection Division or hearing officer.  3-3 B. Dangerous animal permit requirements. Any owner of a dangerous animal shall insure compliance with the following rules and regulations which shall be mandatory requirements for any dangerous animal permit: 1. When the animal is off the property of its owner, the owner must ensure that the animal is restrained with a leash not to exceed four (4) feet in length and having a minimum tensile strength of 300 pounds and shall be under the direct control and supervision of the owner or a person of such age, size and strength as can easily control such animal. Extraordinary care shall be taken by the owner to ensure that such restraint is sufficient to control the animal in a manner which it will not endanger other persons or animals. 2. The owner shall maintain the animal so that it is not a threat to any mail carrier, sanitation worker, meter person, or other person who has the lawful right to enter the property. 3. The owner shall ensure that the animal is not kept upon any unenclosed premise unless it is leashed and controlled by a person capable of controlling such animal. The owner shall ensure that the animal is not tethered, tied or staked at any unenclosed premise. The owner shall ensure that the animal is not kept in a house or structure when the windows or doors are open, or screen doors are the only obstacle preventing the animal from exiting the structure. 4. The owner shall ensure that the animal is kept in a fenced yard, police grade kennel, run or other enclosure approved by the Animal Protection Division. The owner shall ensure that all structures used to confine the animals are locked with a key or combination lock when such animals are within the structure. The owner shall regularly inspect the fenced yard, kennel, run or enclosure to ensure that it is secure to maintain the animal. 5. The owner shall open premises upon which an animal is maintained at any reasonable hour for inspection by an animal protection officer. 6. The owner of the dangerous animal shall post the entrances to the property where the animal is kept with a legible sign conspicuous to the public, warning persons of the presence of a dangerous animal. 7. The owner of any dangerous animal must advise all members who reside in the same household and on the same premises of the conditions established by the permit for keeping or maintaining said dangerous animal. 8. The owner shall strictly comply with all local and state laws regarding the care, use, control and maintenance of animals. 9. In addition to a license, the owner shall ensure the dangerous animal be microchipped and registered with the Animal Protection Division within thirty (30) calendar days from the date the permit was issued. 10. The owner shall have the animal spayed or neutered by a licensed veterinarian, at the owner's expense, within thirty (30) calendar days from the date the permit was issued. The owner shall present written proof to the Animal Protection Division that the surgery was performed. In the event an animal cannot be safely spayed or neutered due to medical reasons, the owner shall present written proof from a licensed practicing veterinarian that said animal cannot be spayed or neutered.  3-4 11. The owner may not sell, transfer or otherwise dispose of such animal to another County or City without notifying Animal Control at least twenty-four (24) hours before such sale, transfer or disposal. Animal Protection will notify the proper authorities of the jurisdiction to which the dangerous animal is transferred. Should the owner of a dangerous animal wish to transfer ownership of the animal to another individual within the McKinley County, the new owner must submit to a property inspection, apply for and obtain a new dangerous animal permit, pay all requisite fees, and comply with all provisions of this chapter and the requirements of the permit. 12. No more than two (2) dangerous animals may be kept at any one household. 13. The owner of a dangerous animal must notify the Animal Protection Division of the animal's death within twenty-four (24) hours and shall produce the animal's body for verification upon request. The owner of a dangerous animal must notify the Animal Protection Division immediately in the event the animal becomes lost or stolen. C. Revocation or modification of permit. 1. Subject to the provision of subsection (2) of this section, any permit issued pursuant to this section may be revoked or modified by the inclusion of additional requirements, if the Animal Protection Division has reasonable cause to believe any of the following to be true: (a) The dangerous animal owner or any person the owner has allowed to have possession of the animal has violated any local animal ordinances, or is in violation of any zoning, health and safety or building ordinance or Criminal Code section relating to the keeping, care or use of any animals; (b) The owner or any person the owner has allowed to have possession of the animal has violated any rules, regulations or conditions of this chapter including, but not limited to, dangerous animal permit conditions, or any requirement imposed by the Animal Protection Division or hearing officer as necessary to insure the animal will not endanger the peace, health or safety of any person or property; or (c) The owner has changed the location of his residence or his place of business or sells, assigns, transfers, donates, leases, or otherwise disposes of the animal for which the permit was issued. (2) In the event that it is reasonably necessary to protect against a threat to the health or safety of the public, or of any animal, an animal protection officer or peace officer may impound or cause to be impounded the animal while an investigation is taking place. (3) If, after investigation, the animal protection officer or peace officer concludes that it is probable that one or more of the above grounds for revocation or modification of the permit has occurred, the officer shall cause written notice thereof to be transmitted to the owner. Said notice shall specify the grounds of revocation or modification of the permit. Should the owner of the animal wish to contest the revocation or modification of the permit, he/she may request a hearing to be held before a hearing officer within five (5) calendar days of receiving the notice of intent to modify or revoke permit. Said hearing date shall be not less than five (5) working days or more than fifteen (15) working days subsequent to the date the request for hearing is received. The hearing shall be conducted as set forth in section 5-3-52-3 of this chapter. After the hearing, the officer conducting the hearing may modify the terms of the permit or  3-5 revoke the permit depending upon the owner's ability to comply with the requirements of this chapter and to control the animal so that the health, safety and property of the public are protected. (4) Upon written notification by the Animal Control Division of any modifications to a dangerous animal permit, the owner shall immediately comply with such modified permit requirements. (5) Upon written notification by the Animal Control Division of the revocation of a permit for a dangerous animal, the owner of such animal shall within two (2) calendar days of such notification surrender said animal to an animal protection officer. Section 5-3-9 (I) is amended as follows: 5-3-9: IMPOUNDING ANIMALS: I. A cruelly treated animal that has been impounded pursuant to Section 5-3-10 or an animal that has been impounded pursuant to Section 5-3-37 due to the failure of the owner to provide adequate care or maintenance shall not be returned to the owner until there has been dismissal of criminal charge(s) by the City, a decision by the City not to pursue criminal charges, or a dismissal of the criminal charge(s) by the court. An animal that has been impounded pursuant to Section 5-3-49 as a vicious animal shall not be returned to the owner unless there is a determination by the Animal Control Division Supervisor or a hearing officer or city council that the animal is not vicious. An animal that has been impounded pursuant to Section 5-3-50 as a dangerous animal shall not be returned to the owner until a dangerous animal permit has been obtained or there is a determination by the Animal Control Division Supervisor or a hearing officer or city council that the animal is not dangerous. An animal that has been impounded for observation pursuant to Section 5-3-20 shall not be returned until the observation period has expired. Section 5-3-52-2 is amended as follows: 5-3-52-2: SUSPENSIONS AND REVOCATIONS OF PERMITS A. When an animal protection officer discovers that a permitted premises is in violation of this chapter, he shall give written notice of the violations to the permit holder, operator or person in charge on a standardized form that provides notice of the right to appeal the designation, Comment [CH3]: We will need to create a instructions for filing an appeal, and a notice of appeal to be filed with the City Clerk. form for this. by means of an inspection report or other written notice. The notification shall: 1. Set forth each specific violation. 2. If appropriate, establish a specific and reasonable period of time for the correction of the violation(s) and that failure to comply with a notice issued in accordance with the provisions of this chapter may result in immediate suspension or revocation of the permit. 3. State that an opportunity for appeal from a notice or inspection findings will be provided if a written request for a hearing is filed with the City Clerk manager within five (5) days of receipt of the notice. 4. Notices under this section shall be deemed properly served and received when the original inspection report or other notice has been personally served on the person in charge, or sent by registered or certified mail to the last known address of the permit holder.  3-6 5. Permits may be suspended for failure of the holder to comply with the requirements of this chapter or other applicable laws, ordinances or regulations. The suspension may be lifted when the city manager Supervisor determines the violations have been corrected. 6. Permits may be revoked for serious or repeated violations of the requirements of this chapter, or for violation of other applicable laws, ordinances or regulations. A permit shall be revoked for one year. The permit shall be surrendered to the city manager upon suspension or revocation. a. A person whose permit has been suspended may apply for an inspection of the premises for the purpose of reinstating the permit. If the applicant and the site are in compliance with the requirements of this chapter and all other applicable laws, ordinances and regulations, the permit shall may be reinstated. The reinstated permit shall expire on the date of expiration of the previously suspended permit. b. If an exotic or wild animal permit is suspended or revoked, all animals received, purchased, owned or kept under the authority of the permit shall be surrendered to the animal control division for impoundment. After a period of at least seven (7) days, if the violations of this chapter which resulted in suspension or revocation of the permit have not been corrected, the animal control division may sell or dispose of the animal(s) as provided in this chapter. The applicant may appeal the suspension or revocation in the manner provided in this section. Section 5-3-52-3 is amended as follows: 5-3-52-3: APPEAL PROCEDURES FOR PERMIT DENIAL, SUSPENSION OR REVOCATION OR DETERMINATION THAT AN ANIMAL IS DANGEROUS OR VICIOUS: A. A person whose application for a permit or permit renewal has been approved on condition or denied and a permit holder, whose permit has been suspended or revoked, or who wishes to appeal the decision of the Animal Protection Division that an animal is dangerous or vicious may submit to the city clerk a written request for a hearing. The written request must be Comment [CH4]: Currently is the city received within five (5) days of the applicant's receipt of the written notice from the city. The manager. hearing shall be conducted within sixty (60) fifteen (15) days after the city clerk receives the request for a hearing or as otherwise specified by this chapter. B. Hearings shall be conducted by a hearing officer that is appointed by the city manager at a time and place designated by the hearing officer and shall be recorded. All witnesses shall be sworn or affirmed. Written notice of the time and place of the hearing shall be mailed to the applicant and the Supervisor of the Animal Control Division. C. The applicant shall be afforded a fair hearing which provides the basic safeguards of due process which shall include: 1. the opportunity to examine before the hearing and, at the expense of the applicant, to copy all documents, records and regulations that are relevant to the hearing. 2. the right to be represented by counsel or other persons chosen as his representative. 3. the right to present evidence and arguments in support of his appeal to controvert evidence relied on by the City, and to confront and cross examine all witnesses on whose testimony or information the City relies. 4. a decision based solely and exclusively upon the facts presented at the hearing.  3-7 D. The hearing officer shall prepare a written report of his findings and decision within ten (10) three (3) days after the hearing and shall provide copies to the parties. E. A party who is aggrieved by the decision of the hearing officer may appeal to the city council. 1. The notice of appeal shall be filed in the office of the city clerk within fifteen (15) five (5) days after the written decision is issued. If notice is filed by mail, date of receipt by clerk shall control timeliness of appeal. 2. A copy of the appeal shall be forwarded by the city clerk to the Animal Control Division Supervisor. 3. The council shall set a date for a hearing on the appeal as soon as practicable, but in any event within thirty (30) days of receipt of notice by the city clerk. 4. The council shall review the written findings and decision of the hearing officer, review the evidence for and against the decision and, if necessary, hear statements from the aggrieved party and the prevailing party. 5. The council shall determine if the decision should be affirmed or rescinded. 6. The decision of the council shall be final. Section 5-3-2 is amended as follows: VICIOUS ANIMAL: An animal which kills or seriously injures a person or domesticated animal resulting in muscle tears or disfiguring lacerations, requiring multiple sutures or extensive corrective or cosmetic surgery. Vicious animal does not include an animal which bites, attacks, or injures a person or animal that is unlawfully upon its owner’s premises. The provocation of an animal by a person is an affirmative defense to a charge of keeping or harboring a vicious animal. Section 5-3-3 is amended as follows: 5-3-3: RULES AND REGULATIONS: A. Reasonable rules and regulations may be prescribed by the City Manager to carry out the intent and purpose of this chapter, pursuant to standards created by this chapter. The City Manager may delegate his or her powers such authority to the Supervisor as he or she may deem expedient. The Supervisor may delegate such powers to the duly appointed animal protection officers as he may deem expedient. An animal protection officer shall wear a uniform and carry appropriate identification. Identification is to be surrendered to the City upon cessation of employment. B. The City Manager may prescribe rules and regulations concerning animals present upon City owned parks and recreation facilities. Such rules and regulations shall be posted at vehicular or pedestrian entry points to said facilities or otherwise in a conspicuous place. C. Violation of any rule or regulation adopted and properly posted pursuant to Subsection B of this section shall be a misdemeanor punishable as provided in Section 1-4-1 of this Code.  Information Items ITEM FOUR Recognition of New Vice-Chair, Dr. Oscar A. Palomo Cosy Balok, Animal Protection Supervisor  Animal Control Department Clyde “C.B.” Strain, Director Cosy Balok, Animal Protection Supervisor MEMORANDUM Date: April 9, 2021 To: Gallup-McKinley County Animal Control Authority Board From: Cosy Balok, Animal Protection Supervisor Subject: Recognition of New Vice-Chair, Dr. Oscar A. Palomo Discussion: At the January 12, 2021 GMCAC Authority Board Meeting, Dr. Palomo was elected as the new Vice-Chair. Thank you for your service to our Board. 1273 Balok Street • Gallup, New Mexico 87301 • phone 505-726-1453 • email cbalok@gallupnm.gov  Information Items ITEM FIVE Feral Cat Problem in Gallup and McKinley County Cosy Balok, Animal Protection Supervisor  Animal Control Department Clyde “C.B.” Strain, Director Cosy Balok, Animal Protection Supervisor MEMORANDUM Date: April 9, 2021 To: Gallup-McKinley County Animal Control Authority Board From: Cosy Balok, Animal Protection Supervisor Subject: Feral Cat Problem in Gallup and McKinley County Discussion: Over the past year we have noticed a large increase in the amount of calls from our residents concerning stray cats in their neighborhoods. This problem is affecting all areas of our community. The following factors have contributed to this problem: Lack of space and understanding from residents We only have 16 cages to accommodate feral cats in our facility. Once we do get them spayed or neutered through the Humane Society, they are released as barn cats or they go back to the original neighborhood so they are no longer reproducing, however this takes time. There are some neighborhoods that have so many cats that only some could be returned. There are some people that do not want them returned at all. We do our best to not euthanize the cats whereas we do not want to go back to being a kill shelter. However, if cats are so feral that they try to attack us, we do euthanize them. There are so many people requesting traps, but we can only take so many per week because of space and the surgery schedule. This is the reason we tell people one cat a week to spread it around for all the neighborhoods, which is not received well by the public. Cost of keeping cats This is a huge expense for the Humane Society, which costs them about $95 per cat to spay/neuter, vaccinate, and house until placed. This fee is not figured into to their contract with the City. We foresee the Humane Society not being able to keep up with the excessive amount of cats and eventually running out of funds. Shortage of certified veterinarians There is little to no availability of appointments due to the shortage of certified veterinarians. The two veterinarians (one Humane Society employee and Clinton Balok) currently do spaying and neutering three times a week, which is not enough. 1273 Balok Street • Gallup, New Mexico 87301 • phone 505-726-1453 • email cbalok@gallupnm.gov Shelter shut down for 3 months due to COVID-19 During that time we only responded to emergencies such as, injured and aggressive animals, animals hit by vehicles, and dog bites. For three months we did not take in any strays whereas there was no trapping, spaying and neutering. Although our facility was closed for a few months in 2020, we trapped 139 cats. So far in 2021 we have already trapped 50 cats. Navajo Nation shelter shut down The Navajo Nation’s shelter shut down has contributed to our problem because residents are dumping animals in Gallup due to the Navajo Nation refusing to respond to any of their calls. We feel that if the community was more aware of the situation they would be more understanding. Animal Control receives several upset residents because of the limit on our services; however we are doing the best we can. We need the public to understand it’s a problem in almost every neighborhood including Gamerco, Yahtahey, Williams Acre, Jamestown, Continental Divide, and Thoreau. The public can help by monitoring traps and accepting the fact that cats will be put back in their neighborhoods. Feral cats are safe to return once spayed/neutered and vaccinated. We want to remain a no-kill shelter. This is a community problem that will take a joint effort between the City, County and the residents to resolve. Thank you for giving me the opportunity to explain the feral cat problem we are having in the City of Gallup and McKinley County. Please see the attached article from the National Animal Care & Control Association (NACA) with recommendations on how to address our feral cat problem. The article explains how the trap, neuter, and release (TNR) program is the best solution. These are national recommendations that are the most cost effective. Also see the attached support letter from a Gallup resident and the PowerPoint presentation with pictures. One last issue I wanted to bring up was concerning our Animal Protection Officer’s response to after- hours and weekend calls. I received a complaint that we were not responding to after-hour or weekend calls, which is not true. There was a period of time in 2020 when our budget was low for overtime and we were told we had to cut back on this. I told Metro Dispatch we could only take dire emergencies as we had little money for overtime. This is not the case now. This might be why there has been some confusion with Metro. I have recently spoken to them about some of the dispatchers telling callers that we don’t do after hours. We are in full swing now. 110 West Aztec Avenue • Gallup, New Mexico 87301 • phone 505.863.1240 • email planner@ci.gallup.nm.us 5-1 5-2 5-3 5-4 5-5 5-6 5-7 5-8 5-9 5-10 5-11  5-12 Pictures of the Feral Cat Problem in Gallup and McKinley County April 2021  5-13 Example of feral cat overpopulation at a private residence 5-14 5-15 5-16  5-17 Example of a feral cat colony  5-18 Business on Bradley Street trapping feral cats 5-19 5-20  5-21 Feral cats waiting to be spayed  5-22 Prepping for surgery 5-23  5-24 Vet spaying a cat  5-25 Feral cat after surgery  5-26 Recovering after surgery  5-27 Feral cat room, which has 16 cages 5-28 5-29  5-30 Feral cat in cage 5-31 5-32 5-33