Thursday, July 25, 2013

KCSPCA BOARD MEETING JULY 2013

KENT COUNTY SPCA BOARD MEETING OF JULY 8, 2013

On June 17, 2013, Carol Furr, Doug Beatty and I (Catherine Samardza) received letters from the KCSPCA executive director barring us from the property as of July 1, 2013.  The letters stated that because of our “ongoing efforts to defame” the organization, leadership and employees, we would be arrested for trespassing if we stepped onto the property.  When asked, Camden Police said they WOULD arrest us since we received the letters barring us.  Doug Beatty filed a FOIA complaint; since we have never been disruptive, there is no legitimate reason to refuse us access to a public meeting.  Doug Denison of the News Journal wrote an article regarding this issue (link). The FOIA DAG, Jason Staib, contacted Doug on July 5, stating that this was no longer an issue; after I asked for clarification, he said he had misread Doug’s e-mail, and the investigation was still ongoing.  THEN he sent the KCSPCA the initial letter asking them for their legal arguments.  They have 10 days from July 5 (business days) to respond.  I got the distinct impression that Mr. Staib thought we should attend the meeting and get arrested before he would consider this a FOIA violation.  Really?

So Doug, Carol, Barbei Williams (a neighbor arrested for allegedly trespassing after complaining that the KCSPCA is dumping trash on her property) and I sat this one out.  Ten others, however, attended the meeting.  This is a compilation of the notes taken by 8 of  10 individuals who were present.  Those 10 individuals were:  Dr. Lynn Lofthouse, Patty Foltz, Diane Marks, Julie Wilson, Wolfgang von Baumgart, Don Ayotte, Rebecca Monroe, Rick Shehorn, Brandi Butler and Dale Williams.  As usual, our comments are in italics.

 Also, 2 others tried to attend the meeting but were unfamiliar with the building and went door to door trying to gain entry.  They were told by KCSPCA employees that the board meeting was NOT open to the public and that they had to leave.  One woman was walking a dog; she told them she would set the dog loose on them (way to go to assure people that your shelter dogs are friendly), the other employee gave them the “finger” when they walked away.  This was caught on camera.  The Camden Police initially refused to take this complaint; Doug Beatty has posted on FB concerning this, and the two individuals are filing their own complaint in this matter.

Before the meeting was called to order, the executive director attempted to set up Google Chrome, but was unsuccessful.

The meeting was called to order.

The minutes of  May and June were 2013 were accepted.

(In May they announced there was no meeting in June – not sure how there were minutes from June)

Treasurer’s Report:  Mr. Frank Newton reported that as of May, 66 2/3 % of the year is gone; 71.8% of the income is in, 64.9% of expenses have gone out.  June is 75% of the year, 76.9% of income and 73.3% of expenses.  He noted that they are spending more than budgeted on publicity.

It was noted that the shelter still has 2 horses available for adoption.

Betty Mae Hamilton asked how much was spent on electricity and other expenses.  Asked if the board members could get an itemized expense report.  Mr. Usilton said that the board doesn’t need an itemized list of expenses.  Elestine Cooper asked that an itemized list be added to the monthly report available to board members.  She was told that it was available on an individual basis by request.  It was stated that “good management was the reason for good numbers.”  The Treasurer’s Report was accepted.

(One of the public attending for the first time later asked why the report was done in percentages instead of dollars – the same question we asked back in 2012… he believes that it is easy to hide money without a breakdown report every month.)

Fundraising Committee Report:  The committee is looking for locations for fundraising events.  The Sheraton is not available. Maple Dale is too small.  Wild Quail was not receptive and said “no” to having a band, there is no space.  The committee wants to keep the fund raising activities in Kent County.  Wells Fargo wants to sponsor a Casino night, but Dover Downs won’t permit that.  The committee is going to ask Wells Fargo to donate financially instead.  Mr. Usilton asked for “save the date” cards for the Delaware State Fair, the theme is “Celebrate what’s great.”.  Mr. Moore reported that there is liquor left from the “Furry Tails” event.  Alex Moore said they needed to plan and schedule events well ahead of time and get them organized.  Ms. Hamilton said that print media should be used more for ads.  Mr. Moore talked about giving people more of a reason to do, such as entertainment  It was noted that Furry Tails was similar to a picnic.
 
(The Sheraton has been leased for 15 years by DE State University for classes and dormitories.)

Planning Committee:  Rosemary Richardson said that the committee came up with the idea of a 50/50 lottery.  She reported that it was necessary to follow the rules and regulations of the Gambling Commission.  Tickets could be purchased online for $100, with a goal of $3,000.00.  An application for a permit would have to be completed as the “Board of a Charitable Foundation.”  Application requires a 2-3 week review.  Mr. Schwartz said that he would review the application.

Mr. Schwartz announced that he is only a board member, not the board attorney.  He further said that the KCSPCA contracts with any attorney that will do gratis work.

 (This is strange, because Mr. Schwartz has been acting as the attorney of record for the FOIA complaints, and he is described as the attorney in Doug Denison’s June 20th News Journal article; we contacted Mr. Denison, who said Mr. Schwartz never told him he was not the attorney for the KCSPCA, and no one from the KCSPCA has contacted him to clarify the statement in his article.  And shortly after this meeting, Mr. Schwartz sent an e-mail to the AG's office concerning the FOIA complaint, stating that he was responding on behalf of his client, the KCSPCA.)

It was suggested to have staff help with sale of the 50/50 lottery tickets.  The committee would like a donation of a TV from HH Gregg to entice the staff; the seller of the most tickets would get the TV as a prize.  The entire process for the lottery was expected to take a year to set up.

Nominating Committee:  Debbie Kaplan is chair of this committee, with Mavis Newton and Ricky Pryor as committee members.  It was stated that more people are needed to fill slots on the board.  Mr. Usilton believes they need help.  The list of nominees is from 2010;  Beth Burleson is updating the list.

Executive Director’s Report:  Mr. Usilton reported that the grant from Palmer Foundation for a senior clinic resulted in 42 vaccinations; several animals also needed spay/neuter follow up; one was determined to be too old to spay.

He announced that the washing machine is “dead” and he is looking for a new one.

As of December 2012, a large number of cats have been coming in to the shelter; the adoption cost was reduced to $7.04 for the month of July for adult cats and pit bull/pit mix dogs.  He sent an e0mail to Safe Haven, DESPCA, Faithful Frineds and DE Humane Asociation asking for a joint effort.  Only DE Humane is participating with them; FF and SH did not respond.

(Faithful Friends has their own program for July, including free adoptions for military veterans.)

July 1 was a “public spay/neuter for cats” day.  Mr. Usilton was not sure of the fee, he thought it was $75 and $50.  Almost 750 cats have been spayed and neutered so far this year through Project Purr.  Mr. Usilton said he was concerned that they would run out of money before the end of the project year.  He has asked PetSmart if they can re-apply. 

Linda Jackson resigned from the board, they will have to find someone to handle the “doggie banks.”

(This was previously announced in April, with the comment that she had said she would continue to volunteer and handle the donation “doggie banks” that are in retail outlets.)

The Purina Cat Chow initiative resulted in a contribution of  $1,200.00.  13,109 volunteer hours were recorded.  109 people were helped with the Pet Pantry.  The floor was sealed in the red building.  The Summer Camp still has slots open in early August.

Statistics for first 6 months of the year in comparison to last year:

2013                                                                                        2012

Adoptions:                     828                                                   1,028

Euthanasia:                     164                                                      718

Spay/neuter:                2,295                                                   2,625

Returned to owner:        452                                                      783

Transferred/Rescue:       136                                                      552

(Please note:  the first half of 2012, the KCSPCA still had the Kent County contract for dog control (3 counties); the first half of 2013, they did not (2 counties).  What we find significant is the reduction in transfers to rescues.  Since Mr. Usilton was hired, the KCSPCA no longer works with Safe Haven or Faithful Friends, and we have heard from other rescues who have been refused or had the number of animals transferred to them reduced.)

The City of Wilmington received $250,000 from the State (in the Bond Bill) for a new animal control facility.  The City also extended its dog control contract with DESPCA for 6 months.  $300,000 was allocated to fund the Animal Welfare Office ((recommended by the Animal Welfare Task Force).  However, no legislation including enforcement language for the office was passed by the General Asembly.  The Dept. of Agriculture continues to have the enforcement of CAPA.  Mr. Usilton complained that the office will have no veterinarian on staff, but will be able to contract one.  He also said “these people are gong to have to be magic” and that it was a “fantasy” because they will have only one person handling lost/found pets, complaints, requests, etc.  He noted that the KCSPCA uses Craig’s list to publicize found animals.

(The City of Wilmington has announced they will handle their own dog/animal control services, and the facility will be no kill.  The plan is to partner with shelters for adoptions. Secretary Kee has repeatedly said that the law does not give him the authority to enforce CAPA,  I have been told that the plan is to staff the Animal Welfare Office first, and amend the legislation in January 2014 for authority.  And last, but not least, we don’t really know how the work load will be handled in the new office; it is my belief that hiring experienced and motivated administrative staff can go a long way in managing the proposed work.)

The KCSPCA will funnel their lost/found information to the Animal Welfare Office lost/found database.  WBOC has added a lost/found section for pet owners.

Old Business:  There was no old business.

New Business:

Carol Kisner made a motion to reduce the surrender fees charged to Kent County residents to half the current price ($50/litter, $40/individual animal), to be the same as Sussex and New Castle counties ($50/litter, $20 individual animal).  This item was rejected by the financial committee when Ms. Kisner asked to put it on that agenda.

It was stated that turn-in fees generated $10,000 YTD, which were not added into the budget.  It was also stated that the shelter stopped taking in Kent County animals as of June 2013.  Mr. Usilton said the shelter stopped taking owner requests for euthanasia of healthy animals “because if we don’t, we get in trouble with the crazy people.”  Mr. Usilton also said that the “back building is closed.”

(It was not specified whether or not the turn-in fees were from KC or statewide, or what not added into the budget meant.  There was no mention of the fact that euthanasia of unwanted animals was an issue with both the DVMA at the last Animal Welfare Task Force meeting, and the independent audit completed for New Castle County; State law has specific regulations regarding euthanasia, and particularly euthanasia of healthy animals, and the KCSPCA was found to be in violation of those regulations. And why did they reseal the floor in the back building if they were going to close it?)

It was also announced that “long timers” were being “flipped” between PetSmart and the shelter for exposure.  It was stated that it was not fair to hold a cat for 5 days, allowing the employees caring for it to get attached, then euthanize the animal.  Mr. Usilton said “politicians have closed our doors.”

Elestine Cooper and Ms. Kisner stated that it was unfair for Kent County residents to be penalized for no dog control contract.  Chris Rausch said the shelter could go broke lowering the fees without consideration.  Mr. Usilton said every shelter has a discounted price, and that there is no safe place for animals to go.

Ms. Kisner’s motion was defeated, 10-2.
 
(This is the third time Ms. Kisner has introduced this subject, and the third time it has been defeated.)

Mr. Usilton commented on an article in the paper, dismissing it as “shelter bashing” by someone who had “an issue because the KCSPCA wouldn’t retrieve her dog that the DESPCA adopted out.”

(This was a reference to a letter to the editor in the News Journal by Eileen Adams calling for accountability of the KCSPCA leadership; the story is much more involved than Mr. Usilton’s comments would indicate – and he was not the executive director when the incident occurred.)

Mr. Usilton stated, “We can’t go back to the old ways without more trauma and shelter bashing.”

(What exactly does that mean?  Does he WANT to go back to the “old ways?”  And what, exactly, is that?  No CAPA?)

There was no further business and the meeting was adjourned at 7:49 PM.

What was NOT discussed at this meeting:  The contract with the Division of Health for animal-to-human bite rabies investigations; the letters to Doug, Carol and myself or the News Journal article; the arrest of Barbei Williams for allegedly trespassing on shelter property, or the link to an anti-CAPA video that was posted on the KCSPCA website.  When does the Board hear about these subjects?  If they are meeting in violation of FOIA, that’s one issue.  If they are not being informed, that is another issue.

And to follow up on this meeting; Brandi Butler believes that problems with the Board and executive director notwithstanding, the animals needed a new washing machine.  She did some research to get the shelter a new machine and found one on Craig’s List.  She called Mr. Usilton and was put through to his voice mail.  When he finally got back to her he told her “don’t worry about it.”  Later he called back, saying “I thought you were someone else.”  Ms. Butler did not feel his confusion about her identity excused his rude dismissal of her offer to help.  She has since been called by a Board member and 2 employees asking about the washing machine.  She wonders if Mr. Usilton bothered to tell anyone that they lost their chance of a $50 heavy duty washer because of his delay in contacting her, and his rudeness.
 
Follow up regarding banning the three of us from the property:  Mr. Schwartz sent an e-mail to the AG's office stating that the ban was not intended to keep us from the board meetings (funny, that's not what he told Doug Denison in the June 20th news article).  We are allowed on the property only for those meetings; we cannot enter prior to 10 minutes before and must leave within 10 minutes after.  Also funny, because this is pretty much what we do now, and the only reason we go to the shelter.  They effectively kept us from the July meeting though, and that is still a FOIA violation.