DRAFT

(contact the town clerk at (919) 469-4011 for official minutes)

 

Cary Town Council Minutes

Thursday, September 11, 2008

6:30 p.m.

Council Chambers
316 N. Academy Street, Cary, N.C.
Web Site: 
www.townofcary.org

 

Click on links within this document to view full text minutes.

 

Present: Mayor Harold Weinbrecht, Mayor Pro Tem Julie Robison, Council Members Gale Adcock, Don Frantz, Ervin Portman, Jennifer Robinson and Jack Smith

 

A.   COMMENCEMENT

 

1.    Call to Order (Mayor Weinbrecht)

 

Mayor Weinbrecht called the meeting to order at 6:30 p.m.

 

_________________________

 

2.    Ceremonial Opening (Mrs. Adcock)

 

Mrs. Adcock provided the ceremonial opening.

 

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3.   Adoption of agenda (Town Council)

 

The mayor suggested adding the following as item H.3. to the agenda: Consideration of search options for the town manager position.

 

ACTION: Mr. Portman moved to adopt the agenda with the above amendment. Mrs. Adcock provided the second, and council granted unanimous approval.

 

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B.   CONSENT AGENDA

 

1.   Regular Consent Agenda (any regular consent agenda item pulled for discussion will be discussed at the end of the old/new business portion of the agenda, which is item H on this agenda)

 

a.   Consideration of approval of the minutes of the regular town council meeting held on August 28, 2008; the minutes of the special meeting on August 22, 2008 regarding town manager qualifications; the minutes of the special meeting on August 22, 2008 with the Le Touquet, France sister city delegation; and the minutes of the work session on August 26, 2008 regarding redistricting. (Approved)

 

ACTION: Mrs. Adcock moved to adopt the consent agenda; Mrs. Robison provided the second; council granted unanimous approval.

 

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2.   Land Development Consent Agenda (any land development consent agenda item pulled for discussion will be discussed at the end of the land development discussion portion of the agenda, which is item F on this agenda)

 

N/A

 

 

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3.   Operations Committee, September 4, 2008 (click on this link to view full text minutes of the operations committee consent agenda)

 

a.   Transfer of Cable Television Franchise Agreement (AD09-003)
Committee unanimously recommended adoption of the resolution approving the request by Time Warner to transfer its existing cable television franchise agreement with the Town of
Cary to a new entity, Time Warner Cable, Inc. (Approved)

 

b.   Beaver Creek Pump Station Project Condemnation Resolutions (EN09-008)
Committee unanimously recommended approval and execution of resolutions authorizing condemnation necessary to securing property for Beaver Creek Pump Station.
(Approved)

 

c.   Amendments to Schedules (EN09-021)
Committee unanimously recommended adoption of an ordinance amendment to the Town Code Sec. 34-332 (commercial vehicle prohibition) and Town Code Sec. 34-333 (speed limits on through highways).
(Approved)

 

d.   Bid Award–Campbell Road Sanitary Sewer Interceptor (EN09-024)
Committee unanimously recommended that J.F. Wilkerson Contracting Co., Inc. be awarded the contract for the Campbell Road Sanitary Sewer Interceptor project for $274,523. This award by Council represents a preliminary determination as to the qualifications of the bidder and no legally binding acceptance of this award occurs until the Town has executed a written agreement.
(Approved)

 

e.   Contract Award–Cary Parkway and High House Road Intersection Improvement Study (EN09‑025)
Committee unanimously recommended awarding the contract for the Cary Parkway and High House Road Intersection Improvement Study to Martin, Alexiou, and Bryson, Inc. This award by Council represents a preliminary determination as to the qualifications of the bidder and no legally binding acceptance of this award occurs until the Town has executed a written agreement.
(Approved)

 

f.    Traffic Signal Removal at the Intersection of Chapel Hill and Reedy Creek Roads (EN09-026)
Committee unanimously recommended removal of a traffic signal at the intersection of Chapel Hill Road and Reedy Creek Road due to the reduction in traffic volumes on Reedy Creek Road and comparable traffic operations with and without the signal.
(Approved)

 

g.   Consideration of Right of Way Closing – London Plain Court (EN09-027)
Committee unanimously recommended approval of a Resolution of Intent to schedule a public hearing on
October 16, 2008 for the requested closing of a portion of London Plain Court right of way. (Approved)

 

h.   Bid Award–Ralph Drive and Warren Avenue Street, Sewer, and Drainage Improvements (EN09‑028)
Committee unanimously recommended awarding the construction contract for the Ralph Drive and Warren Avenue Project to Commercial Grading, Inc. dba Fowler Contracting for $533,935. This award by Council represents a preliminary determination as to the qualifications of this bidder and no legally binding acceptance of this award occurs until the Town has executed a written agreement.
(Approved)

 

i.    Requests for Assistance with Drainage (EN09-029)
Committee unanimously recommended approval of all proposed projects rated under Policy Statement 35. This work will require an estimated $99,975 to complete all funding requests under Policy Statement 35. Committee further recommended approval of requests for drainage assistance under Policy Statement 146 at 114 Woodland Dr. This work will require an estimated total of $65,000 to complete all funding requests under Policy Statement 146.
 (Approved)

j.    Recognition of Grant Award (PD09-001)
Committee unanimously recommended adoption of a resolution recognizing year three funds awarded by the NC Highway Patrol’s Highway Safety Program and approval of the following updates to the FY2009 Budget: (1) Recognize $48,264 in federal grant fund revenue into the General Fund as awarded by the Governor’s Highway Safety Program to the General Fund Justice Assistance account; (2) Approve the addition of $48,264 to General Fund Fund Balance since these positions were fully funded as part of the FY2009 Budget (this award effectively reimburses the Town of Cary of costs already anticipated in the current budget).
 (Approved)

k.   PARTF Grant Conversion Resolution (PR09-011)
Committee unanimously recommended adoption of a resolution approving the conversion of a PARTF grant.
(Approved)

 

l.    Joint School Park Agreement–Mills Park (PR09-009)
Committee unanimously recommended approval of an agreement between the Town of Cary and Wake County Public Schools System for the joint development and use of recreation facilities at Mills Park Elementary and Middle Schools and related expenditure of funds for the project.
(Approved)

 

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C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

 

1.    Recognition of Brent Reck as the recipient of the North Carolina Zoning Official of the Year Award. (Mr. Geoff Pearson, North Carolina Association of Zoning Officials) (Recognized)

 

Mr. Pearson presented the award to Mr. Reck.

 

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2.   Animal Issues:

 

a.   Recognition of the animal issues task force members. (Recognized)

 

Mr. Portman presented thanks certificates to task force members.

 

_________________________

 

 

b.   Presentation of the animal issues task force report and recommendations. Council may defer action until the presentation and discussion on the next agenda item regarding the animal sheltering recommendation from staff. (Presented; the council delayed any action on the task force recommendations until the 9/25/08 council meeting)

 

Mr. David Forvendel presented a PowerPoint presentation, which is attached to and incorporated herein as Exhibit.

 

_________________________

 

 

c.   Consideration of transitioning animal sheltering services from the SPCA Lost and Found Pet Center of Wake County to the Wake County Animal Care, Control and Adoption Center on September 30, 2008. Council may take action on this item and the prior item (recommendations from the animal issues task force). (Tabled to the 9/25/08 council meeting)

 

STAFF REPORT

Town Council Meeting, September 11, 2008

Animal Sheltering Services (PD08-017)
Consideration of transitioning animal sheltering services from the SPCA Lost and Found Pet Center of Wake County to the Wake County Animal Care, Control and Adoption Center on September 30, 2008.
Speaker:  Deputy Chief Barry Nickalson

 

From:                Chief Pat Bazemore
Prepared by:      Deputy Chief Barry Nickalson
Approved by:     William B. Coleman, Jr., Town Manager
Approved by:     Benjamin T. Shivar, Assistant Town Manager

 

On September 30, 2008 our current contract for animal sheltering services with the SPCA of Wake County will expire.  We received a letter from Wake County’s Environmental Services Department Director on February 19, 2008 inviting the Town to begin using the County’s Animal Care, Control and Adoption Center for sheltering services beginning July 1, 2008.  This invitation is significant because it is in line with established program goals and objectives dating back most recently to 2004.  A brief history of this matter will help put the report into proper perspective.

 

The effort to achieve consolidated animal sheltering and control services in Wake County goes back approximately 20 years. The overarching goals have always been to improve service and reduce costs to the public by reducing the animal population requiring sheltering, eliminating or minimizing euthanasia of healthy animals, providing high quality adoption services and streamlining animal control operations countywide. Significantly, it was planned to be a countywide effort involving all of the animal care/control organizations.

 

The most recent efforts actually began around 1999 and involved the municipalities of Cary, Raleigh and Garner and SPCA at the invitation of Wake County. The balance of the Wake County municipalities was already using the Wake County shelter and, in most cases, animal control enforcement services so they were not specifically included.

 

In 1998, SPCA advised the municipalities it was serving, including Cary, that they no longer would provide sheltering services. At the time, Wake County could not accept our animals due to space limitations so the SPCA agreed to continue services on a temporary basis but raised the charge per animal from $27 to $50. However, at the same time, Wake County began reimbursing Cary for sheltering costs.  In 1999, in what appeared to be a change of direction, SPCA announced its intention to embark on a $3.0 million capital campaign to construct a new shelter, replacing the one built in 1971. The municipalities of Cary, Raleigh and Garner were asked and agreed to contribute $250,000, $750,000, and $100,000, respectively, for this facility with the rest coming from private funds. (Garner did not pay the final $25,000 installment once they found out a shelter had not been built.) Despite clear and repeated assurances that a shelter would be built, the final product was an adoption center, with no sheltering capacity. After it was clear to the towns that SPCA was not building another shelter, SPCA reiterated their earlier plans to get out of the sheltering business. Although SPCA did not build a shelter facility, it should be noted that the adoption center that was built is an important part of the overall animal control program in the county.

 

While a setback to the municipalities that had invested in the SPCA facility, the County continued with efforts to consolidate involving all the original partners.  Efforts became more focused in 2002 and 2003 and resulted in Wake County and the SPCA signing a Memorandum of Agreement (MOA) in March, 2004. The mutually agreed goal was "To respect and support each other's differing roles and responsibilities and to work cooperatively and productively to end the euthanasia of healthy, homeless dogs, cats and other companion animals whether stray or owner surrendered, in Wake County, North Carolina". This document outlines the responsibilities of both Wake County and the SPCA in moving forward with consolidated animal control services. A companion document, the Operational Agreement Plan, was prepared but for some reason not signed by the County.  The County has agreed to take this document to the Commissioners for approval.  It seemed we were at a point in 2006 that the changes would be made since agreements had been reached and the 2 documents assigned roles, responsibilities and implementation schedules. For reasons we are not entirely clear about, the effort did not move forward at that time. Most likely it was due to two (2) key Wake County staff retirements - the Director of Environmental Services and the Animal Control Manager - and around the same time, the resignation of the SPCA Executive Director. Now that these County staff positions have been filled, the County began moving forward in August, 2007 with implementing the agreement. Cary, as well Raleigh and Garner, has always been clear and consistent in our interest of consolidating services countywide with SPCA having an important role in that effort.

 

On Friday, March 7, 2008 staff met with SPCA leadership to discuss the transition and accept feedback regarding specific concerns.  At that meeting the Executive Director outlined three (3) specific issues that the SPCA would like addressed by Wake County before giving their full support to the plan.

 

1.     Discontinue the use of the carbon monoxide chamber as a euthanasia method.

 

Through subsequent discussions between staff and Wake County (Wednesday, March 12, 2008), the following agreement has been reached:

 

The use of carbon monoxide (CO) gas for animal euthanasia is an approved method of animal euthanasia by the North Carolina Department of Agriculture.  However, Wake County recognizes that this is a sensitive issue in the community.  Accordingly, the Wake County staff will work to identify the equipment, material, and training needs necessary to discontinue the use of the CO chamber as soon as possible and will develop a plan to transition to 100% euthanasia by injection by July 1, 2008.  Upon completion of the transition to 100% euthanasia by injection, the CO chamber will be rendered inoperable.

 

2.     Implementation of a 100% pre-adoption spay/neuter program for companion animals.

 

3.     Develop a foster program to help achieve 100% pre-adoption spay/neuter of companion animals.

 

Through subsequent discussions between staff and Wake County (Wednesday, March 12, 2008), the following agreement has been reached:

 

First, expand on-site surgical capacity.  Wake County is committed to enhance their on-going relationship with the NCSU School of Veterinary Medicine (established May 2004).  The current agreement provides spay/neuter services 44 weeks per year.  In cooperation with NCSU staff, the County has worked to craft a plan to expand the program at the Wake County Animal Shelter to 52 weeks, and to expand services provided by NCSU for medical, surgical, diagnostic and treatment services.  Wake County's shelter will be one of only three shelters in the nation with this level of medical services available.  The County is also prepared to further expand their spay/neuter service capacity by sending animals to the low-cost clinic being proposed by the SPCA.

 

Second, Wake County recognizes that pet overpopulation is a serious issue in the community, and endorses spay/neuter as a means to reduce the number of unwanted animals in the County.  Under current operating procedures for the Wake County Animal Center, animals exempted from spaying and neutering are limited to those animals that are at-risk of death from the spaying and neutering surgical procedure because they are either too young or they are ill or injured.

 

Wake County believes that all animals adopted from the Wake County Animal Center should be spayed and neutered prior to leaving the Animal Center with adoptive families.  The recommendation offered by the SPCA of Wake County to accomplish this objective is the creation of a fostering program.  The purpose of the fostering program will be to provide responsible housing for young, ill or injured animals, for a limited-time basis, until the animals have grown sufficiently, or have recovered from the injury or illness, and can successfully undergo the surgical procedure for spaying and neutering without risk of death.

 

Based on guidance offered by the SPCA, Wake County has agreed to create a new position (using existing resources within the Environmental Services) at the Wake County Animal Center dedicated to the development of an offsite fostering program and expansion of the existing rescue program.  As part of the new and dedicated commitment to fostering and rescue groups, Wake County staff will begin immediately to coordinate with the SPCA of Wake County, and other not-for-profit organizations involved with animal fostering and rescue, to expand fostering and rescue opportunities for animals at the Wake County Animal Center.

 

In addition to the desire to remain consistent with the goals outlined in 2004, considerations regarding facility heath and maintenance are pertinent.  The following information comes from inspections conducted by the NC Dept. of Agriculture and is current as of May 23, 2008:

 

SPCA

 

•     February 20, 2007 - facility disapproved due to inadequate Structure and repair; ceiling, walls, floors: Sanitation - ceiling, wall, floors; washrooms, sinks, basins; Husbandry - animal's appearance.  This was a follow-up inspection from Aug. 17, 2006.  It was the 3rd visit to the shelter.  The walls and flooring still need to be repaired and painted.  Report noted improvements, but issues remain that need to be addressed.

•     April 17, 2007 - facility disapproved due to Structure and repair; ceiling, wall, floors; Primary Enclosures - structure and repair; Sanitation - ceiling, wall, floors.  This was a follow-up report.  The following concerns still needed addressing: painting of kennels had begun, but more painting was necessary.  Ceiling and walls needed repair.  Some kennel gates in need of repair.  Kennel area floor has cracks that need to be filled-in.

•     June 14, 2007 - facility approved.  Inadequacies found in the Structure - housing facilities (need painting); ceiling, wall, floors (need painting); Primary Enclosures - structure and repair (need painting).  This was an annual inspection.  Shelter was in the process of completing painting.  Some cracks in the floor, but in the process of sealing.  The shelter is making progress of improving the facility.

•     September 11, 2007 - facility approved.  Inadequacies found in Structure - housing facilities structure and repair; ceiling, wall, floors; Primary Enclosures - structure and repair.  This was an annual inspection.  Paint was applied but would not stay on the surfaces.  Staff planned to sand and apply a different paint.  Kennel gates need wire; work on chain link fence ASAP.  Floors still have some cracks that need sealing (contractor is going to repair).  Insect and rodent problem has been corrected.  Need a time line as to when the above issues are addressed.

•     January 9, 2008 – facility disapproved due to Structure and repair of housing and facilities, ceiling, wall, floors; Primary Enclosures – structure and repair.  This was a follow-up inspection.  Report indicates kennel walls still need repainting, kennel and walkway floors still need to be sealed, cracked concrete.  Kennel gates still in need of repair or replacement.  Requested timeline for repairs never received.  Needs correction in 45 days.

•     February 25, 2008 - facility disapproved due to Structure and repair of housing facilities, ceiling, wall, floors; Primary Enclosures - structure and repair; Sanitation - ceiling, wall, floors; primary enclosures.  This was a follow-up inspection.  Report indicates a prior inspection completed 1/9/08 and observing issues that need addressing (no report available).  Kennel walls still need painting.  The ceilings in the kennel still need painting.  The kennels and walkways still need to seal the concrete.  Observed some of the kennel cage doors have been repaired.  Still no time line received on when the above issues will be corrected.

•     April 21, 2008 – facility conditionally approved with deficiencies noted to Structure and repair of housing facilities, ceiling, wall, floors; Primary Enclosures – structure and repair; Husbandry – food storage.  This was a follow-up inspection.  Report indicates issues identified in a previous inspection completed 2/28/08 still need to be addressed.  Inspector noted the shelter is making improvements but still has a way to go.

 

On March 12, 2007 staff received a letter from the Director of the Wake County Animal Care, Control and Adoption Center indicating an agreement with the SPCA to accept animals from the SPCA while their (SPCA) facility underwent renovation.  The agreement was anticipated to last 6 months, and was necessary due to diminished capacity while the SPCA facility was renovated.  Any renovations performed did not seem to address the core issues outlined in the NCDA inspection reports.

 

Wake County

 

•     June 9, 2006 - no determination on approval/disapproval noted.  Deficiencies reported in Structure - housing facilities (ventilation and temperature); Primary enclosures - ventilation and temperature.  Dog kennel areas have no cooling.  Ambient temperature is not met.  Utilize both CO and injection for euthanasia.  Chamber complies with recommendations.

•     December 8, 2006 - facility approved, no deficiencies noted.  This was a new inspection.  Some specific comments: The facility is very clean and well maintained.  The isolation area is separate from the main kennel.  The staff at this facility is well-trained and knowledgeable.  Keep up the good work.

•     June 6, 2007 - facility approved, no deficiencies noted.  This was a random inspection. Page 2 missing, so no comments available.

•     June 15, 2007 - facility approved.  This was a random inspection.  Inspector noted the staff was in the process of cleaning the facility.  Housing facilities and the primary enclosures were in good shape.  Sanitation and husbandry issues were good.  The records had all pertinent information.  This facility is well maintained and the staff is well trained and knowledgeable.  The temperature in the kennel area was up, but the air ducts were being cleaned, and the airflow was off.  The kennel area does not have AC.

•     July 18, 2007 - facility approved.  Deficiencies noted in Primary Enclosures - ventilation and temperature.  This was in response to a complaint.  Shelter had a parvo outbreak at the time.  Citizen had complained about the welfare of the animals where parvo had been diagnosed.  The shelter started addressing the parvo issue in June.  The dogs looked healthy; however the temperature in the kennel area was 95 degrees.  The shelter is well run and the inspector observed no problems other than the kennel temperature.  The shelter is staffed with a veterinarian and the shelter has in place protocol for dealing with current outbreak.

•     August 1, 2007 - facility disapproved.  Deficiencies noted in Housing Facilities - ventilation and temperature; Primary enclosures - ventilation and temperature.  This was in response to a complaint about excessive heat.  Reading was 95 degrees and it was the second time this temperature was noted on a visit.  Small fans were operating, but it didn't alleviate the warm temperature.  Rules specify the temperature should be between 50 and 85 degrees.

•     September 6, 2007, facility approved, no deficiencies noted.  This was a follow-up inspection.  Inspection revealed that the temperature had been reduced in the kennels and that WC had installed port-a-cool fans in the kennels.  The fans seem to be keeping temperatures lower.

 

Some concern has been expressed regarding a potential for increased euthanasia of companion animals as a result of the transition to Wake County.  This is a possibility due to the SPCA’s position regarding the proposed sheltering agreement.  If the Town transitions to Wake County, the SPCA has stated they will no longer accept Cary animals at their adoption facility.  The fact that one adoption option will be removed from the equation is concerning.  

 

To the extent that Wake County adopts out animals that are too young or small, there will be the possibility initially of animals being adopted that have not been spayed or neutered.  SPCA currently has an arrangement to obtain animals from Wake County for adoption and that arrangement should continue.    Here is a break-down of the animals for calendar year 2007:

 

SPCA for Calendar Year 2007

 

Intake

2,805 dogs

2,657 cats

338 other

5,800 total

Adoptions

1,024 dogs

649 cats

49 other

1,722 (29.68%) total

Returned to Owner

697 dogs

139 cats

 

836

(14.41%) total

Transferred to Rescue

77 dogs

43 cats

 

120

(2.06%) total

Died/Missing

34 dogs

92 cats

 

126

(2.17%) total

Euthanized

1,006 dogs

1,715 cats

 

2,721

(46.91%) total

 

Source:             SPCA of Wake County

 

  • The SPCA of Wake County’s Lost and Found Pet Center operates 19 hrs. per week, and is closed on Sunday.

 

Cary Specific for Calendar Year 2007 to SPCA

 

256 transported by CPD ACOs

129

(50.39%) euthanized by the SPCA

61

(23.82%)

returned to owner

59

(23.04%)

adopted

7

(2.73%)

unknown

162 transported by Cary Citizens

64

(39.50%) euthanized by SPCA

19

(11.72%) returned to owner

30

(18.51%) adopted

49

(30.24%)

unknown

418

total

193

(46.17%) euthanized by SPCA

80

(19.13%) returned to owner

89

(21.29%) adopted

56

(13.39%)

unknown

Animals sent to local rescue

12

Animals euthanized due to space & time

69

 

 

Source: Animal Control

 Cary Police Department

 Transports accounted for by Animal Control Tickets

 Citizen transports accounted for by SPCA monthly reports

Numbers could be higher in cases where mothers have a litter of puppies or kittens while in the custody of the SPCA

 

Wake County Animal Shelter for Calendar Year 2007

 

Intake

4,864 dogs

5,754 cats

369 other

10,987 total

Adoption

1,640 dogs

745 cats

187 other

2,572 (23.40%) total

Reclaimed

483 dogs

76 cats

2 other

561

(5.10%) total

Euthanized

2,225 dogs

4,646 cats

130 other

7,001 (63.72%) total

 

Note: Intake numbers are not equal to numbers listed above.  Actual number of animals listed above is 10,134.  Percentages based on WC reporting total intake number of 10,987, a difference of 853 animals.  These are animals that are either still at the shelter, died at the shelter, in foster care, etc.

 

Wake County does currently accept animals from Cary residents.  Approximately 60 animals have gone to their facility in the recent past.  No further detail available.

 

Source: Wake County Animal Care, Control and Adoption Center

 

The Wake County Animal Care, Control and Adoption Center is located at 820 Beacon Lake Drive – Raleigh, NC 27610 and is approximately equidistance to the SPCA for Cary residents.

 

Additional Benefits:

 

  • The Wake County Animal Care, Control and Adoption Center operates 39 hrs. per week, and is accessible all 7 days (an extra 20 hrs. per week above the SPCA)

 

  • Wake County has agreed to maintain the current five (5) day hold for Cary animals as currently proscribed in ordinance.

 

Fiscal Impact:  The SPCA’s price per animal for sheltering services has increased from $64.64 to $67.29 (a difference of $2.65).  This increase is based on the Consumer Price Index.  As the SPCA has historically done, they add the consumer price index (CPI) to the current reimbursement rate to achieve the new rate.  The CPI for the 12-month period ending December 2007 is 4.1%.  Using 2007 animal counts, the reimbursement amount for the 418 animals serviced by the SPCA totaled $27,020.  The same number of animals at the new rate would be $28,127 (a difference of $1,107).  Effective 10-1-08 the Town will be required to absorb all sheltering costs if the SPCA remains the service provider.  If, however, Wake County assumes the Town’s sheltering services, no additional cost will be incurred.

 

Staff Recommendation:  Staff recommends that the current contract with the SPCA of Wake County, set to expire on September 30, 2008, not be renewed.  It is further recommended that the Town enter into an Interlocal Agreement with Wake County for animal sheltering services which specifies ongoing monitoring and assessment of the three (3) animal welfare programs outlined above to ensure sustainability over time with mutually agreeable performance measures.

 

Staff Report Addendum:

 

Subsequent to the initial presentation of this report on April 30, 2008 to the Operations Committee, staff was directed to return on June 5, 2008 with information specific to three areas:

 

1.         A progress report from Wake County concerning the development and implementation of a foster program designed to help achieve 100% pre-adoption spay/neuter of companion animals.

2.         The possibility of a contract extension or other interim opportunities to continue working with the SPCA until Wake County’s foster program is fully implemented and operational.

3.         Projected costs associated with any contract delays or changes.

 

Area #1:

 

Wake County’s foster-to-adopt program is nearly complete.  Citizens wishing to adopt a companion animal from the Wake County Animal Care, Control and Adoption Center will be required to sign an agreement indicating their commitment to return the pet to the Center for alteration once the animal is old enough or well enough to undergo the surgical procedure.  A refundable deposit will be mandated, along with the citizen’s acknowledgement that the animal remains the property of Wake County until the surgery is completed.  Once the animal is altered, the deposit is returned and ownership transfers to the citizen.  If the citizen fails to return the animal for surgery as specified in the agreement, Wake County Animal Control will retrieve the animal and the deposit is forfeited.  The primary issues that remain involve logistical matters regarding proper documentation and accounting of the citizen’s deposit.  Wake County anticipates all matters relevant to this issue to be resolved by June 30, 2008.

 

A companion piece to the 100% pre-adoption spay/neuter issue, as well as to reduce euthanasia rates, is the establishment of foster homes.  This program also deals with animals that are too young, too ill, or injured to undergo alteration, but have no identified adoptive home.  The County has developed application and screening processes to continue expanding the number of foster homes.  Wake County currently has fifteen (15) active foster homes caring for forty-six (46) animals.  This program is currently operational, and will be expanded as the Foster Coordinator works to solicit, interview, and select families to provide foster homes in Wake County. 

 

To accomplish and measure progress objectively, Wake County will provide staff with data regarding the number of foster homes in the program and the number of animals placed into those foster homes.  In addition, they will report the number of animal foster candidates referred to the County’s animal rescue partners for final processing.  A reduction in the County’s euthanasia rate is anticipated over time as these programs develop.

 

Area #2:

 

On May 9, 2008 staff received a communication from the SPCA’s Executive Director indicating the SPCA Board of Directors Executive Committee has agreed to enter into a 90-day sheltering contract, followed by a month-to-month contract as needed with the Town. 

 

The current rate of reimbursement for Cary animal sheltering is $64.64 per animal.  Just as SPCA has historically done, they will add the consumer price index (CPI) to the current reimbursement rate to achieve the new rate.  The CPI for the 12-month period ending December 2007 is 4.1%.  The July 2008-June 2009 per animal reimbursement for Cary will be $67.29.

 

Wake County has agreed to enter into an Interlocal Agreement with the Town for reimbursement of sheltering costs at the SPCA’s proposed rate from July 1, 2008 until September 30, 2008.

 

The County agreement further states that they will work to implement the three (3) animal care and welfare programs previously outlined.  If they do implement those programs, the Town agrees to begin animal sheltering services through Wake County on October 1, 2008.  If the three (3) animal care and welfare programs are implemented, and the Town decides not to transition to Wake County; the County will no longer reimburse the Town for sheltering expenses.

 

Should the three (3) animal care and welfare programs not be implemented for any reason, the County agrees to continue reimbursement to the Town for sheltering expenses incurred at the SPCA.  A new Interlocal Agreement will be required to continue reimbursement.

 

Area #3:

 

Based on the current data and feedback from all parties, no change in the current operating procedure will occur for a minimum of 90 days.  A decision to either transition to Wake County, or remain with SPCA must occur no later than the September 25, 2008 Council meeting. 

 

If the decision is to transition to the County, no additional cost will be involved.  The County will assume complete responsibility for animal sheltering cost and administration.  If, however, the decision is to remain with SPCA the Town will be responsible for the total cost of animal sheltering for all animals delivered to the SPCA by either Animal Control or Cary citizens.  Using 2007 data (most current), the cost would be:

 

418 animals @ 67.29 each for a total of $27,019.52 (a difference of $1,107.70 due to rate increase for FY09)

 

It is important to note that the Town’s animal numbers change annually and there is no guarantee that it will remain at or near the 418 mark.  Additionally, staying with SPCA will place the Town in a position of relying on a sole source for sheltering services.  Future cost controls and future acceptance of Cary animals will require annual negotiation.  Staff believes the Town will be in a more vulnerable position moving forward.

 

Additional Considerations:

  • The Wake County Manger has requested several budgetary items specific to consolidated animal sheltering services in the FY09 budget.  They are:
    • $2.3 million to expand the Wake County Animal Care, Control and Adoption Center, which will add the same capacity as currently exists at the SPCA Lost and Found Center (seventy-five (75) cat and seventy-five (75) dog).
    • Addition of two (2) new shelter attendants due to an expected increase in the number of animals upon consolidation.
    • Additional funding for increased animal care and level of services provided by NCSU’s School of Veterinary Medicine (increase to provide fifty-two (52) week per year, full service delivery of veterinary services).

 

Staff Report Addendum Covering Animal Issues Task Force:

 

The initial meeting of the Animal Issues Task Force was held on Tuesday, June 24, 2008 at 7:00 PM

 

The Task Force was charged with two objectives:

  1. Review progress of Wake County implementation of the three (3) identified animal care and welfare programs.
  2. Determine feasibility of enacting an ordinance(s) that provides consequences and/or incentives toward responsible pet ownership with regard to spay/neuter of companion animals. (This item will be the focus of subsequent staff reporting and not addressed at this time)

 

The Task Force met each Tuesday evening from 7:30 to 9:30 PM for eight (8) consecutive weeks.  At the final meeting on August 12, 2008 the Task Force was called to make their decision regarding item #1.  As reported in their final report (pgs.1&2), the Task Force found Wake County’s Animal Care Control and Adoption Center to “be in compliance with the three specific areas to be addressed”.

 

While acknowledging that Wake County has made tremendous strides forward in a very short time, the report cautions that the maturity level of those programs, specifically 100% pre-adoption spay/neuter and the fostering program, lack maturity thus raising concerns about sustainability.  As a result of this and other concerns, the Task Force unanimously recommended maintaining contractual sheltering services with the SPCA.

 

Staff was present for each meeting, and offered information as requested.

 

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Deputy Chief Nickalson outlined the staff report herein.

 

Mr. Portman stated the most important issue for him is how to keep animals out of the shelter, and he thinks the task force has made recommendations to achieve this goal. He stated the county has met the goals in which they agreed, although the SPCA has the model program. He tends to support transitioning shelter services to the county and pursuing the remaining task force recommendations.

 

Mr. Smith concurred with Mr. Portman, and he stated the council should build on the momentum of the task force and implement some of their innovative ideas.

 

Mrs. Adcock asked how much time would be acceptable to the group to measure the sustainability of the county’s programs. Mr. Forvendel stated the members thought if the programs were successful after a year, then they would have a larger comfort factor with the county sheltering option. Mrs. Adcock suggested a four to six month period, and the SPCA contract could be extended for this length of time to allow more data to be collected and the county’s programs to be reviewed.

 

Mr. Portman thinks the county has done what Cary asked them to do, and he is hesitant to now ask them to do more.

 

Mrs. Robison stated the lack of maturity of the foster care program seems to be a deal breaker for the task force. She asked what a sufficiently mature program would look like, and she asked what the Town and its volunteers can do to reinforce those efforts to bring it up to par more quickly. Mr. Forvendel stated a successful program needs an adequate number of foster families. He stated the county is moving in the right direction. He stated the Town can educate citizens about the need for animal foster families.

 

Mr. Portman would like to leverage the strengths of the SPCA by lobbying county commissioners to use the SPCA model.

 

Mr. Frantz asked if the SPCA has a shelter or an adoption center. Mr. Nickalson stated they have both facilities. Mr. Frantz asked which towns in the county are still utilizing the SPCA. Mr. Nickalson stated Raleigh has contracted with the county and will begin using the county facility in July 2010 after the expansion is complete. He stated at that time they will cease service with the SPCA.

 

Mrs. Adcock stated the development of a foster program is critical to reduce the euthenasia rate. She recommends a compromise of at least three months.

 

Mayor Weinbrecht asked if Mrs. Adcock’s idea would cause a contractual problem. Mr. Nickalson stated the Town would lose county reimbursement as of October 1. He stated the Town would have to enter into a new contract with the SPCA, or the SPCA is willing to go month-to-month.

 

Mrs. Robison asked if there would be problems later contracting with the county. Mr. Nickalson stated the Town has a good working relationship with Wake County, although there are no guarantees.

 

Mr. Portman suggested to continue with SPCA until June 2009, and he would still want the county to reimburse the Town during this time period.  He would like to be a part of the discussion with the county to talk with them about leveraging the SPCA model. He stated this issue can be brought back to council at the next meeting if there are contractual problems.

 

ACTION: Mr. Portman moved to direct staff to revise the agreement with the county for a June 2009 consolidation date, and if staff is unable to achieve this, then staff will bring it back to council in two weeks for final decision. Mrs. Adcock provided the second.

 

Mrs. Adcock noted that the issue will need to come back to council in two weeks to take action on the contract.

 

Mayor Weinbrecht asked if this can be accomplished. Mr. Nickalson stated staff can ask. He stated the county has achieved their goals, has received funding to expand their shelter, and will move forward with their facility renovations. He stated the current contract states that as of September 30 they will no longer reimburse the Town.

 

Mrs. Robinson asked if the county is reimbursing Raleigh until 2010. Mr. Nickalson stated yes.

 

Mrs. Adcock stated the council is only suggesting to do the assessment on the front end instead of after the contractual term begins.

 

Mrs. Robison asked what the next step will be in two weeks if the county does not agree. Mr. Portman stated the council will choose the sheltering service at the next meeting.

 

Mrs. Robison asked the criteria or benchmarks that will be used to measure the success of the county’s foster program. Mr. Portman suggested to use the task force recommendations. He added that it is not fair to expect the county to be at the same level as the SPCA, because the SPCA has had a foster program for a long time.

 

ACTION: Vote was called for on the motion, and council granted unanimous approval.

 

Mr. Portman suggested that council take a couple of weeks to think about the other task force recommendations. Everyone concurred.

 

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D.   PUBLIC SPEAKS OUT (no one spoke) 

 

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E.   PUBLIC HEARINGS (click on this link for full text minutes of the public hearings)

 

1.   MIXED USE SKETCH PLAN 08-MU-004, Amendments to the Alston Activity Center Concept Plan
Location:
Interchange of I-540 and NC Highway 55
Current Zoning: Base zoning varies with Alston Regional Mixed Use Overlay District
Request: Zoning unchanged; amendments are requested to the Alston Activity Center Concept Plan
Acreage:
810.22±
Speaker: Ms. Meredith Chandler
Proposed council action: This public hearing is continued from the August 14, 2008 council meeting. Council may refer this item to the October 20, 2008 planning and zoning board meeting.
(Referred to 11/17/08 planning and zoning board meeting)

 

2.   Rezoning 08-REZ-12, Village at the Park Planned Development District (PDD) Amendment
Location:
Southwest and east of the intersection of Alston Avenue and Kit Creek Road
Current Zoning: Planned Development
Request: Amend the planned development to change responsibility of requirement for constructing roadway improvements on portion of Kit Creek Road from owner of Phases 5 & 6 to owner of Phase 4 (phases as identified in planned development document)
Acreage: 33.71 ±
Speaker: Mrs. Debra Grannan
Proposed council action: Refer to the October 20, 2008 planning and zoning board meeting
(Referred to 10/20/08 planning and zoning board meeting)

 

3.   Comprehensive Plan Amendment 08-CPA-06, R & E Johnson Family, LLC
Location:
6816 Green Hope School Road
Current Land Use Plan: MXD, Mixed
Use
Proposed Land Use Plan: LDR, Low Density Residential
Acreage: 21.13 ±
Speaker: Mr. Philip Smith
Proposed council action: Refer to the November 17, 2008 planning and zoning board meeting
(Referred to 11/17/08 planning and zoning board meeting)

 

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F.   LAND DEVELOPMENT DISCUSSION ITEMS (any item pulled from the land development consent agenda for discussion [item B.2. on this agenda] will be discussed during this portion of the agenda)

 

N/A

 

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G.   COMMITTEE REPORTS (discussion items)

 

Operations Committee, September 4, 2008 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda) (Mr. Smith)

 

1.   Update of Litter Reduction Activities (PWUT09-003)
Committee unanimously recommended that staff provide an update to council on the implementation of the Town’s litter reduction activities.
(Report given; no action needed)

 

STAFF REPORT

Operations Committee, September 4, 2008

Update of Litter Reduction Activities (PWUT09-03)
Information on the implementation of Town’s litter reduction activities

Speaker:  Mr. Mike Bajorek

 

From:  Stephen J. Brown, P.E., Director of Public Works and Utilities
Prepared by:  Mike Bajorek, Public Works Director
Approved by:  William B. Coleman, Jr., Town Manager
Approved by:  Benjamin T. Shivar, Assistant Town Manager

 

Earlier this spring, council approved the expansion of the Town’s Litter Reduction Activities.  This expansion included both enforcement and cleanup activities.  The following is an update on this program’s progress.

 

I.          Enforcement activities.

 

On April 7, 2008, council approved a partnership between the Town of Cary and Wake County to initiate a pilot program for litter enforcement.  The pilot consisted of Wake County giving $3,000 to the Town to supplement the police overtime budget.

 

Even though enforcing the law within our community is something the police do all the time, this new project allowed for them to fund one additional four-hour shift per week to specifically look for litter violations.  During the first two months of the project staff logged over 64 hours of service and charged three individuals with litteri