The Daily Tarheel September 02, 2003 County, residents to weigh APS criticism With its control over the Orange County Animal Shelter in dire straits, the local chapter of the Animal Protection Society will face another round of intense public scrutiny in the coming weeks. After the Humane Society of America released a critical report Thursday that largely condemned the shelter's operation, the Orange County Board of Commissioners allocated time for a public hearing and will set a date for discussion. County officials requested last September that an evaluation of the shelter be conducted in the wake of public concern about animal welfare and fiscal management. Criticism of the APS reached a point of frenzy in February when area residents Judith Reitman and Elliot Cramer filed a lawsuit against shelter director Laura Walters and the APS Board of Directors. The suit alleges that it was illegal for the APS board to deny voting rights to APS members when it decided to fill the board by appointment at its 2002 annual meeting. The Humane Society's report supported the APS decision to withhold voting rights from the general membership. Cramer and Reitman maintain that the Humane Society's assessment does not reflect N.C. law, and they refuse to drop litigation. "I expect that within a few weeks we will be going to court to get the membership lists," Cramer said. Kate Pullen, the Humane Society's consultation services director, acknowledged Thursday that the shelter suffered because of its age, yet many procedural faults were indicated in the report. "Although not deliberate, APS staff did little to minimize disease contamination amongst animals," the report stated, as one of several complaints. Cramer and Reitman lodged similar charges against APS management in court depositions filed after Walters charged the two animal rights activists with slander. Reitman conceded Pullen's points about the dilapidated building and "eager, enthusiastic" staff, but said that a county takeover of the shelter is the only viable option. "The points (she) made, including compassionate staff, have never been the issue," Reitman said. "The staff is not the APS management." The county will hold a public meeting regarding the shelter Sept. 18, and discussions about future administrative control and the location of the new shelter, to be completed in 2006, will be held either Oct. 21 or Nov. 5. County staff released a report Thursday that detailed the cost and actions necessary to seize control. County commissioner Barry Jacobs said the county is weighing its options and examining the report. "The Humane Society provided us an opportunity to step back and see what the short-term and long-term issues are, mechanically and otherwise," Jacobs said. Gwen Harvey, assistant county manager, indicated Thursday that an APS loss of control was the likeliest of possibilities, and Jacobs said that he hoped APS would play an active future role should that occur. "The APS as a group of individuals and an organization have done an admirable job in filling a need in our community." ________________________________________________________________ APS OK'd to run Chapel Hill shelter on monthly basis BY GEOFFREY GRAYBEAL ggraybeal@heraldsun.com; 918-1033 The Herald-Sun Wednesday, September 03, 2003 CHAPEL HILL -- The Orange County Board of Commissioners extended its contract Tuesday night with the Animal Protection Society, which will run the Chapel Hill shelter on a monthly basis until the board decides otherwise. Three residents appeared before the commissioners to ask them not to extend the aps contract. "I wish you could have those people out of there tomorrow," said Elliot Cramer, who has been one of the harshest critics of aps management. In June, the commissioners voted 3-2 to extend Orange County's shelter management contract with aps for three more months. That was to be followed by a monthly renewal option. The vote came after a motion failed to extend the contract by six months, as recommended by County Manager John Link. Orange County owns the shelter, but pays the aps about $429,000 a year to run it. The aps has been involved in a long-simmering dispute with two of its harshest critics, retired UNC professor Cramer and author and activist Judith Reitman, both of whom argue that new management is needed at the Airport Road shelter. Lawsuits filed by both sides still are moving through the courts. Last week, an outside agency hired by Orange County to study the animal shelter's management released its final 156-page report. In that report, the Humane Society of the United States recommended hundreds of changes that could be implemented to improve the shelter and its services. According to a separate county report, if the county assumes control of shelter operations, it would cost $1.1 million in the first year and $964,943 the second year -- estimates that the county manager called "conservative on the high end." Cramer contends those numbers are "grossly inflated" and vowed that the Piedmont Animal Welfare Society, which he leads, would produce shelter volunteers and raise funds to offset startup costs if the county decided to assume operation of the shelter. ________________________________________________________________ News of Orange County September 3, 2003 Comment: Not exactly what I said: I'd LIKE to see those folks out of their tomorrow. It IS simple in comparison to other County operations if they have competent management County buys time for APS By Jeff Casale News of Orange staff writer CHAPEL HILL -- The Orange County Board of Commissioners extended its contract with the Animal Protection Society by one month Tuesday -- but the decision did not go without discussion or public comment. Less than a week after the Humane Society of the United States released its final report on the shelter, the BOCC decided it was in its best interest to continue extending the APS' contract on a month-to-month basis until further discussions about the county's possible takeover are had. Chairwoman Margaret Brown, along with commissioners Steve Halkiotis and Barry Jacobs, expressed several concerns regarding the financial and staffing impacts that would affect the shelter if the county seized control of its operations. Just last week a county report detailing animal services at the Chapel Hill facility suggested such a takeover would be costly. COUNTY WOULD BOOST SHELTER PERSONNEL In that report, the county presented a survey comparing information submitted by 62 counties across the state. It contrasted animal services -- animal control included -- and annual budget information. Orange County currently allots more than $428,000 to the APS, with an additional $458,000 going to animal control. Both operate independently of each other. If the county were to take over the shelter next year, it would have to spend an additional $680,000. Total expenditures would then top $1.2 million, according to the report, after the county collected animal-service revenue through taxes, and adoption and boarding fees. Furthermore, the report states the APS currently staffs the shelter with 16 permanent positions, whereas the county's proposal would field 19 with an increase in salaries. County Manager John Link said that under the best circumstances the county would be able to take over the shelter within four-to-five months, adding that the proposed budget for the shelter was drafted on the "high-end" because he doesn't want the commissioners to be surprised by any additional costs. Money aside, the increase in permanent staff has Halkiotis scratching his head. "It would be a big mistake to start a shelter and fill it with a bureaucracy," Halkiotis said. "We need to use volunteers. (After all), the strength of protecting animals in this county is by the people of this county." APS critic Elliot Cramer, who along with Judith Reitman sued the shelter earlier this year, spoke to the board prior to its discussion. He believes the county is fully capable of running the shelter as soon as tomorrow and after reading the county's report, believes the financial numbers are "grossly inflated." "I have great respect for John Link, but he doesn't know anything about shelter operations," said Cramer, who also serves as an APS member and president of the newly formed Piedmont Animal Welfare Society. "It is absurd to add more staff when they could do it with the staff they have (plus) volunteers. This is a very, very simple operation." The BOCC is scheduled to discuss the matter further with Link's staff on Sept. 16. A public hearing on the HSUS report is scheduled for two days later. "By continuing on a month-to-month basis we are (showing) we are committed to continuing an important public service," Link said, "and that the operation of the (shelter) is going to be carried forward." ________________________________________________________________ News of Orange County September 3, 2003 The News of Orange 6 Shooter: Attorney hones in on APS suit's big picture By Jeff Casale Editor's note: In the spirit of fairness, the News of Orange extended the same interview opportunity to APS attorney Ron Merritt. He declined. CHAPEL HILL Relaxing in a chair at Cup-A-Joe coffeehouse in Chapel Hill, attorney Barry Nakell spoke with fluidity and confidence last week about the pending lawsuit between the Orange County Animal Protection Society and its critics. It's a case that has ramifications beyond those of animal care and shelter operations, he said. The bigger threat, Nakell suggested, jeopardizes the right to free speech and public debate. Earlier this year Nakell's clients, retired UNC-CH professor Elliot Cramer and activist Judith Reitman, filed a lawsuit against the APS board and shelter Executive Director Laura Walters. The suit accuses Walters and others of refusing to disclose documents, stripping members of their voting rights and impeding attempts to nominate candidates for the APS board. Allegations also include the refusal to hand out board minutes, membership lists and financial records. The APS filed a counterclaim, alleging defamation and slander. Likewise, Walters has sued, claiming the critics have damaged her reputation. The shelter continues to attract public scrutiny, escalated media attention and now the added possibility of a county takeover. The case resumes in Orange County Civil Superior Court later this month. Prompted by the News of Orange, Nakell offered a handful of thoughts on the case - a line of reasoning, he believed, which may otherwise go overlooked. Q: Why did you choose to represent Cramer and Reitman? A: Elliot and Jude first approached me about representing them after they had filed their lawsuit. At that time they were concerned about statements that APS folks had made about them that they considered false and defamatory. I explained to them the protection that the First Amendment guarantee of free speech provides to discussion in the public forum of lively debate about issues of public interest. We all agreed that we should respect the freedom of speech of the APS folks and that Elliot and Jude should just respond to them in the public forum (at the regular APS board meetings). A couple of weeks later, they told me that APS had filed a counterclaim against them for defamation, and asked whether they were not also protected by the First Amendment. After reviewing the counterclaim, I believed there was a very valid First Amendment issue at hand. Orange County and Chapel Hill are certainly arenas of free speech that are respectful of openness and public debate. It need not be elegant or graceful, but the people in our community recognize the importance of it. I thought the APS defamation suit was inconsistent with our traditions and with the constitutional protection of free speech. Q: Do you think Cramer and Reitmanis actions through the media have hurt or strengthened their case against the APS? A: I do not believe the discussion in the press will affect the court's decision on the legal issues. It is more likely that the courtis decisions will affect the press coverage than that the press coverage will affect the courtis decisions. I do believe, however, that public scrutiny of the judicial process is important to a fair decision-making process. There was a major controversy surrounding APS before Elliot and Jude became involved in the public discussion. APS is a non-profit corporation that receives funding from the county for performing a public service and (it approaches) the public for funding and support. I think it is important that matters involving an organization like that be subject to open public debate. Q: Why do you believe the evidence in this case is strong enough to prove that APS is in the wrong? A: Elliot and Jude were thorough in their investigation of APS and relied on responsible sources for their statements. They do not have to prove that they were right o though we believe their statements were true o but only that they did not act knowing that the statements were false or in reckless disregard of whether they were true or false. The APS has said some of the statements that Elliot and Jude made were not true, but they have not established that yet, or yet been forced to do so. Q: What do you think the public is not seeing clearly through media coverage of this issue? A: I havenit seen a write up on the First Amendment issue anywhere. The importance of having free discussion and not having the APS suppress information (is going unnoticed). The APS should engage and respond to what they think is wrong. The Humane Society of the United States reports support much of what Elliot and Jude have said and the APS hasn't tried to sue them for libel and slander. So, I think the question is not directly about the management or leadership (of) APS. The question is whether APS can keep its actions secret from its membership and the public. I do not think the press has focused on that yet. Q: If the court decides in your clientsi favor, what type of message does that send to the citizens of this county and other people within this area? A: In regards to the counterclaim, the message would be that freedom of speech is secured and that (people) can speak out about issues of public concern without fear of damages. In regards to the original complaint, the message would be that the right of members to obtain information from a nonprofit organization is enforced, so the organization cannot operate in secret but must have transparency. Q: Do you believe this case should go to a trial by jury? A: No, it doesn't need to go that far. I think the evidence that is presented could resolve it and it should have resolved (it) a long time ago. I think the APS should open up its records and let the members see its activity and welcome comments and suggestions from its critics so they can improve its operation. What do they have to hide? What are they afraid of? ________________________________________________________________ Chapel Hill Herald Thursday, September 04, 2003 Comment: The County doesnt' need a task force to tell them that this is an emergency situation. These problems were pointed out up to a year ago and the Health Department did NOTHING. HSUS has raised ADDITIONAL serious problems such as the failure to spay and neuter animals before they leave the shelter. Action is needed NOW to take control. A task force will be useful for evaluation of the NEW problems identified by HSUS Editorial Oversight key to solving shelter's problems Now that the Humane Society of the United States has turned in its final report, it's up to the Orange County Commissioners to begin resolving the ongoing dispute about the management of the county animal shelter. So far, every sign suggests the commissioners are taking the job seriously. They were steadfast in insisting on the need for an outside review. And on Tuesday they made it clear they won't be rushed into a decision about whether to retain the shelter's current management, the Animal Protection Society of Orange County. At each juncture, they faced countervailing pressure from aps critics. But they understood that hasty decisions won't help the situation. Their task now is to find a way forward. Fortunately, the Humane Society's report gives them the road map they need. If the commissioners follow it, their first step will be to appoint a seven-member task force to review the Humane Society's report and create a plan of action for implementing its recommendations. We see that as the right move, and not just for the few months the Humane Society envisions. Over the past year, it's become patently obvious that the county's supervision of shelter operations hasn't been as tight or aggressive as it should have been. Had it been otherwise, there would have been no room for the problems with sanitation, disease control and record-keeping confirmed by the Humane Society to take hold. Proper oversight also could have headed off many of the public-relations gaffes that have plagued the shelter in the past decade, no matter who's been in charge. Time after time, aps leaders have found themselves in squabbles after making decisions about shelter policy on their own, without the kind of public involvement that's otherwise customary in Orange County. Until and unless that changes, it will be difficult for the shelter or the aps to regain the public's confidence. The task force the Humane Society recommended as a temporary expedient almost certainly will have to evolve into a permanent oversight board. The commissioners will have to assert control over shelter policy, mainly because the shelter is a public facility serving a community that's skeptical about privatization. Residents can accept farming out the shelter's day-to-day work to a private entity like the aps. But that doesn't mean they're willing to see their elected representatives surrender authority over what happens there, or that they're willing to tolerate being cut out of the decision-making process. ________________________________________________________________ Chapel Hill News September 7, 2003 Remark: Correction - "The new director of the shelter should report directly to the County Manager and records must be open to the public. County should take over animal shelter The Humane Society of the United States report might have sent any other animal shelter director high-tailing out of town. Its 156 pages describe the animal flow process and animal operations as "disorganized and unstructured," and cite a lack of "proper training for many of the daily tasks they were responsible for and a general lack of SOPs (standard operating procedures _ (that) resulted in unnecessary stress for the staff and animals, (and) an increased incidence of disease." HSUS observed "the temperament evaluation program needs to be assessed" and, alarmingly, "temperament evaluation process was not always taken into consideration by staff when making the decision to euthanize." Animals wore "no identification (and) there was nothing to match kennel card numbers to the animal" _ which certainly could explain why adopters returning to claim their chosen animal were given the wrong pet. HSUS noted the disorganized paperwork and that "most errors found appeared to be in record keeping." As for the shelter's condition: "Kennel walls were soiled with a layer of oil, hair and dirt_ Overall, the appearance of the staff could be considered unprofessional." Remarkably, APS's executive director has found redemption in this audit. Walters told the media, "I'm very pleased with the report," reportedly stating that it validates the way the shelter is being run. Unfortunately Walters is trumpeting a card that HSUS erroneously handed her: member voting rights. Actually, members of the Durham APS, Chatham Animal Rescue, Wake SPCA and Piedmont Wildlife all have voting rights. What HSUS, whose members also vote, may also not have known is that N.C. member-based organizations cannot arbitrarily remove voting rights from members, as APS has done. Orange County can recover from the APS mess by taking over the shelter. The county already funds many services APS claims to fund, including emergency animal rescue. The budget for county take-over, which the Health Department and Animal Control fashioned, grossly inflates startup costs and salaries, creating an unnecessary bureaucracy. Spay-neuter bring in revenue and would certainly be continued under the county. Given APS's erosion of public trust, county take-over would encourage far more community volunteerism. Importantly, the new director of APS would report directly to the County Manager; those records must be open to the public. We have much to gain from county take-over; principally a return to democracy and integrity at our shelter. -- Judith Reitman, Chapel Hill ________________________________________________________________ Chapel Hill Herald September 9, 2003 Editorial Shelter costs deserve the closest scrutiny At some point in their deliberations about the future of Orange County's animal shelter, the county commissioners will have to decide whether they'll increase spending on the facility's annual operating budget. It won't be an easy call. Preliminary estimates suggest the county would have to more than double its allocation for shelter operations if commissioners terminate relations with the Animal Protection Society of Orange County. Administrators say they'd expect to spend $1.1 million in the first year of a county management takeover, and almost $970,000 in the second. That's big money, at least compared to the $429,000 the county now pays the APS each year to run the shelter. The extra spending in the first year of a takeover is enough to add about $10 to the property tax bill for a $150,000 house. Of course, that may overstate the case. Advocates of a county takeover think county officials have padded the prospective budget. Given the habits of bureaucrats everywhere, they likely have a point. But even the chief critic of the APS, retired UNC psychology professor Elliot Cramer, has conceded that a county takeover would entail ?a reasonable additional cost,? which he reckons will be about $100,000. Cramer believes the county wouldn't necessarily have to use tax money to cover the added bill, but it's telling that he concedes the need for at least some additional spending. That's an issue takeover advocates have to address, because it goes to the heart of the reason why the county farmed out shelter operations to the APS in the first place. For decades now, there's been a solid consensus in this community behind the idea that the county should maximize school budgets by holding the line on spending for other programs. Lately, parkland and open-space acquisitions have all but joined education as a priority for the commissioners. Beyond that, the basic calculus hasn't changed. If a county program doesn't address education, parkland or open space, it has to get by on state or federal subsidies, or on a minimal amount of local revenue. That fact, understood by all, gives people on either side of the APS dispute a reason to shade their arguments. APS supporters can be expected to play up the costs of a takeover; the group's critics can be expected to discount them. As usual, the truth is more likely to be found at a point between the extremes. The commissioners will have to exercise the utmost care to find it. ________________________________________________________________ The Daily Tarheel September 10, 2003 Animal shelter controversy takes emphasis off animals Outside the Bubble Don't put it past Fido. With more pressing issues such as a tumultuous economy and national security taking center stage, the treatment of animals seems like an unlikely topic to garner significant attention. But during the last year, allegations of mismanagement by the Animal Protection Society -- a private outfit that runs the Orange County Animal Shelter -- have led to lawsuits against APS, intervention from the Orange County Board of Commissioners and most recently, the release of a 158-page report by the Humane Society of America, critiquing the shelter's practices. The report is less than flattering, judging by a quick glean of its contents. Some of the criticism, such as that concerning animal housing, can be directed to inadequate and archaic facilities. The current shelter will be demolished in 2006. The analysis mentions disease in the feline population, but shelter officials admitted to these outbreaks in the fall, so that's no surprise. The concern now is that the personnel and management issues brought into question are addressed with due speed. APS Director Laura Walters and other staff have reaffirmed their dedication and hard work with the shelter amid swirling controversy and allegations. Walters has even filed a countersuit of libel against her accusers, Judith Reitman and Elliot Cramer, leaders of the Protective Animal Welfare Society. If APS loses control of the shelter, responsibility for future control will be ceded to the county commissioners. While the ordeal has left a bad taste in the mouths of many residents, the investigation is crucial, given that public money funds the organization. The animal shelter maintenance also has attracted public interest in other areas across the state. In another case, unrelated to APS, this summer The Charlotte Observer ran an investigative series on slaughtering practices in Mecklenburg County. It's no surprise that animal facilities have to kill many pets due to overcrowding, but the Observer reported that 80,000 dogs and cats were killed in the Charlotte area in 2002 -- a startling figure that is apparently in sync with the state average. "Death at the Pound" educated many readers to the deaths and resulted in increased pet adoptions. The series even grabbed the attention of some legislators, who are creating a committee to investigate state shelter practices. Like many local issues, the friction over pets stirs emotional pleas from both workers and residents. And this subject has an oft-furry face to add extra tug to the heartstrings. APS workers are still on the job, even though their organization has a public pockmark from the Humane Society report and the perpetual rumor mill. It could be easy for those concerned with this issue to lose sight of their mission of caring for animals across the county. While a public agency should be held to utmost accountability, it's a shame the whole thing has been tangled in so much political yarn. Because when you get down to it, the main focus should be the animals. If you wish to inquire about adoptions or learn more about volunteer opportunities, call the shelter at 967-7383. ________________________________________________________________ The Daily Tarheel September 16, 2003 Residents to help decide fate of APS Remark: This was a regular meeting; the hearing for Thursday was postponed. The Orange County Board of Commissioners will hold a public hearing tonight to give local residents the chance to voice their opinions on the future of the county animal shelter. In response to recommendations made by the Humane Society of the United States, local residents will have an opportunity to discuss persisting problems and potential improvements to the shelter. In June, the Humane Society issued a report to the local chapter of the Animal Protection Society, which runs the Orange County Animal Shelter, demonstrating the shelter's need for infrastructure improvements and operation reorganization. Since the report's release, APS has made many improvements based on the report's recommendations -- including general repairs to the building, disease control, an increase in sanitation levels and ventilation repairs. "(The public hearing) will be an opportunity for the public to come forward and state their concerns," said Gwen Harvey, assistant county manager. Officials will rely heavily on the input they receive at this hearing to influence their final decisions. Despite the changes made by the shelter's staff, Commissioner Barry Jacobs said he doubts the improvements will satisfy residents opposed to the operation policies of APS. "Most of the people who come to public hearings tend to have strong feelings about it already," Jacobs said. The administrative operation of the shelter could take a variety of forms, one of which was proposed by the Humane Society. One model would establish a transition plan that would allow the shelter to operate while its fate is being determined. That model could lead either to the retention or the firing of employees. Another proposal for the future operation of the shelter is the creation of a task force that "may be established for reviewing and prioritizing the issues in the (June) report," said Harvey. The improved shelter is projected to be finalized in 2006. Jacobs said he expects the new shelter will be more animal- and human-friendly. "(The shelter) will be bigger and better with a clearer public focus," he said. The administrative control and location of the new shelter will be determined later this fall. ________________________________________________________________ Chapel Hill Herald September 17, 2003 More animal shelter funds sought APS wants $10K a month more or adios Comment: APS has been "contributing" less than $7500/month to operation of the shelter. For this APS has gotten the complete salaries of their executive director and their associate director who are responsible for other APS operations as well. APS now admits that about $50,000 in salary should not be attributed to shelter operation. APS is also provided with its principal office where ALL APS business is conducted and where APS meetings are held. Furthermore this visibility has allowed APS to collect funds from the public for their other operations. In the past this has been a good deal for BOTH APS and the County. Given the history of mismanagement over the past two years, APS has nothing to offer the County beyond financial support which it is now withdrawing. If APS subsidized the shelter by "$32,000 worth of operations during the first fiscal quarter", it was operating $10,000 over budget. The "after-hours, on-call service" is fully funded by the County and the towns. Since APS is a non-profit organization dedicated to Animal Welfare, the obvious solution is for APS to turn over operation to the County along with the shelter furnishings for which it has no use. ----------- HILLSBOROUGH -- The Animal Protection Society of Orange County says it can't continue running the county animal shelter without an additional $10,000 each month. While the county commissioners consider the future management of the shelter, the APS board has concluded that its organization is "no longer able or willing to continue to manage and operate the Orange County Animal Shelter unless Orange County provides funding to fully offset the costs of [shelter] operations," wrote APS Board President Pat Beyle in a letter to County Manager John Link dated Sept. 13. Orange County owns the shelter, located off Airport road in Chapel Hill, and pays the APS about $429,000 a year to run it. The commissioners have a monthly contract with APS. But the organization's board says if additional funding is not provided starting Oct. 1, APS will cede the responsibility for shelter operations to the county or another agency by the end of the year. Beyle asserted Tuesday, however, that APS would still like to run the shelter. "This is not saying we'll do this to you because we want out," she said. "We want to work with the county. We've worked with them and we want to continue to work with them. We also agree that a task force is a very, very good way to work on strengthening this partnership with the county." The Humane Society of the United States, an outside agency hired by the county to study the shelter's management, has recommended a task force to implement the hundreds of changes spelled out in its 156-page final report. Link is recommending that the commissioners create that task force. The APS has been involved in a long-simmering dispute with two of its harshest critics, retired UNC professor Elliot Cramer and author and activist Judith Reitman, both of whom argue that new management is needed at the Airport Road shelter. Lawsuits filed by both sides still are moving through the courts. APS officials concede that the controversy has significantly affected their ability to obtain funding from other sources. "We understand that the timing of the communication of our decision is not good and that it will no doubt result in a barrage of criticism from those who will choose to misinterpret the underlying reasons," Beyle wrote. "The fact of the matter is that our financial condition dictates no other choice." Beyle said that APS has simply run out of money to subsidize programs. "Our ability to raise funds, be it the economic conditions or the community conditions, just didn't add up to the amount of money that we needed," she said. According to APS figures, the organization has subsidized $32,000 worth of operations during the first fiscal quarter. APS is asking for an additional $10,636 per month from the county if an after-hours, on-call service is continued, or $9,427 without it. APS officials contend that its reserves are in danger after years of APS subsidizing the operation of the shelter at levels of $70,000 to $90,000 annually. The APS' revised 2003-04 budget projects the need for about $138,000 in APS subsidies to the current contract, not including costs associated with implementing the vast majority of the HSUS recommendations. Several commissioners said Tuesday they were unsure what to make of APS' request. "I would really need to have a staff analysis on that," said Commissioner Alice Gordon, who added that she believed both the county and APS were proposing a "very tight time line" for decisions about shelter operations. Commissioners Chairwoman Margaret Brown said the board would seek guidance from the county manager, but noted that the request for additional money should have been made during the annual budgeting process. Brown also said she would like a better financial picture of animal shelter operations from the APS. "There's no accountability for county funds and APS funds and what everything's paying for," she said. Commissioner Moses Carey said he knew the county was getting a "good deal" from APS and would be disappointed if the organization decided to cease operation of the shelter. But he, too, acknowledged the toll of the ongoing controversy. "It's been such turmoil," he said. "I'm not surprised that they may be ? fed up with the county. It's been frustrating to everyone, I'm sure, and they're not exempt from the frustration." APS officials would like the commissioners to make a decision about the organization's future role in operating the shelter no later than Jan. 31. Carey said the commissioners would not shy away from making a decision. "This is an issue that remains as important as the [potential schools] merger issue for many people in this county," he said. "The commissioners will continue to focus on it." ________________________________________________________________ Chapel Hill Herald September 17, 2003 Changes to Orange animal shelter task force sought HILLSBOROUGH -- The Orange County Commissioners on Tuesday night asked county staff to revise the proposal for a task force that would make recommendations on an outside agency's animal shelter operations report. The report from the Humane Society of the United States made hundreds of suggested changes to improve the county's animal shelter, which the county now pays the Animal Protection Society to run. The commissioners also would like County Manager John Link's staff to analyze the county's $429,000 annual contract with APS to see how the money is being spent and if it is being spent efficiently. "For the first time in a long time, we're ready for a line by line," APS board member John Guibert said after the meeting. The APS has been involved in a long-simmering dispute with two of its harshest critics, retired UNC professor Elliot Cramer and author and activist Judith Reitman, both of whom argue that new management is needed at the Airport Road shelter. A lawsuit filed by the critics and a countersuit from the APS still are moving through the courts. "I believe that the county can and should take over operation of the shelter, and that the county should do it soon," Cramer said. Cramer previously has said the county's costs for operating the shelter without the APS are overestimated. On Tuesday night, he said his estimates are that the county could operate the shelter at its current level of service for $155,000 a year and that start-up costs would be $93,000. According to a county report, if the county assumes control of shelter operations, it would cost $1.1 million in the first year and $964,943 the second year. Link's staff has recommended the creation of a task force to review the HSUS report recommendations and suggest changes to the commissioners. The staff proposed that the board have 12 members, including one commission representative, two Board of Health representatives, two APS representatives, two APS critics, two representatives from the public at large and one representative each from Carrboro, Chapel Hill and Hillsborough. "I don't like the makeup of the [task force]," Commissioners Chairwoman Margaret Brown said Tuesday night. "I think we need to step out and look at this in a bigger picture [rather] than just scoop up the people that have been involved in the past year. ... I think it should be expanded and represent a much broader community." Commissioner Barry Jacobs added that he thought input should be solicited from volunteers at the APS and in the community. "We need buy-in from the volunteer community in whatever form, so we can make this as good of an operation as we can make it," he said. Jacobs added that any task force first should have a mission statement approved by the commissioners. Brown argued that the commissioners should set specific goals for a task force from the start. "If we don't know from the beginning what we want them to look at, it's going to get very, very difficult for any group," she said. Link suggested setting aside a work session in October or November to discuss the makeup of a possible task force and what it would be charged with doing. Commissioner Steve Halkiotis also suggested that the commissioners' health board representative, Moses Carey, work with the county staff to refine the task force proposal. The commissioners agreed that their decision on whether APS would continue to run the shelter would be made separately from the larger shelter management issues that a task force would address. ________________________________________________________________ The Daily Tarheel September 18, 2003 County mulls shelter options HILLSBOROUGH -- As the issue of who will govern the county animal shelter becomes more urgent, disagreements among officials, local service agencies and residents are putting the brakes on the decision process. The Humane Society of the United States issued a 156-page report Aug. 28 that gave necessary changes in procedure at the shelter, which is run by the local chapter of the Animal Protection Society. Pat Beyle, chairwoman of the APS Board of Directors, sent a letter to Orange County Manager John Link on Saturday that stated the APS needs more funding if it is to continue running the shelter in light of demands set forth by HSUS. The letter asked the county to approve $10,000 in additional monthly funding to the group by Oct. 1 or else the APS would be forced to cede control. Beyle said in the letter that APS wishes to retain control and that the request is not a back-door means to relinquish it. But county officials say they felt blindsided by the lack of notice given for the monetary request. "We should have a shelter that's running very well for the kind of money (we give)," said Margaret Brown, chairwoman of the Orange County Board of Commissioners. The letter complicated the decision about shelter control. "I don't feel comfortable dealing with this (issue) tonight the way it is," said Commissioner Stephen Halkiotis. The board noticed the county makeup for an outside task force contradicted the plan set forth in the Humane Society's report. A task force is needed to evaluate the shelter's condition, administration and operations in relation to the recommendations for improvement. "It's totally different," Brown said. "This just represents a group that has already been involved." The task force will also recommend whether the APS or county should control shelter operations. The county neglected to include a veterinarian with a shelter medicine background or professional mediator as part of the task force. Brown said she also disagreed with including a representative from Hillsborough since the town allocates no money to the shelter. Assistant County Manager Gwen Harvey encouraged the board to monitor the creation and activity of the task force regardless of the final decision on its composition. Elliot Cramer, a local animal rights activist, launched into a tirade against the shelter's administration at the conclusion of the talks. Cramer has filed suit against the APS and has been countersued by the APS and Laura Walters, the shelter's director. "What you have is a bureaucracy," Cramer told the commissioners. "What you need is a good shelter administration." He added, "I think the buck stops with you and I hope you don't drop it." In a prepared statement, APS officials stated that public concerns about the shelter stem from long-term difficulties and procedural impediments for which the APS should not absorb all the blame. The commissioners expressed frustration that negotiations and plans remain stalled. "It's time to put up or shut up," Halkiotis said. "I'm willing to put up; I'm willing to shut up. But I'd like a recommendation on what I should do." ________________________________________________________________ The Chapel Hill Herald September 20, 2003 Ill-timed demands threaten shelter review An organization that relies on public support shouldn't issue ultimatums when its support looks shaky. Doing so is rather like playing Russian roulette with a fully loaded gun. The Animal Protection Society of Orange County, unfortunately, doesn't get that. Society directors put the group's future on the line a week ago, and the only thing left is to see whether the Orange County Commissioners pull the trigger. APS officials snapped the cylinder into firing position on Sept. 13 when they told County Manager John Link they'll stop managing the county animal shelter at year's end unless the county raises its monthly management payments by Oct. 1. That means the commissioners have less than two weeks to decide whether it's worth spending about $10,000 a month more to keep the APS at the shelter. Considering the number of very loud voices in the area who've been urging county officials to jettison the group anyway, all we can say to the APS is good luck. Historically, the commissioners dislike being rushed, especially when the subject is money. Ill advised though the ultimatum on that issue was, the APS compounded the situation by issuing a second. They want the commissioners to settle the debate about whether the APS will retain a long-term role at the shelter, and do it by the end of January. Despite protests to the contrary, APS leaders have to know that deadline would all but short-circuit the four-month policy review recommended by the Humane Society of the United States. The commissioners are still early along in setting up a task force to act on the Humane Society's proposal. An end-of-January deadline would give them no time to recruit appointees from the public or to conduct a proper debate about the panel's advice. All along, we've been saying the fight about the shelter will only be resolved if participants honor the public process the county has established for settling it. The commissioners agree, and they stood their ground when critics of the APS urged haste. There's no reason for them to back down just because APS directors, who benefited from the county's earlier stand, now think it's time to push. ________________________________________________________________ Chapel Hill News September 20, 2003 APS tells county it needs more money Without full funding, the agency says it will stop running animal shelter by the end of the year. CHAPEL HILL _ After more than a year of criticism that has put the Animal Protection Society of Orange County's leadership on the defensive about their management of the county's animal shelter, the APS reversed its position last week with two letters that could force county officials to accelerate a decision about the county's relationship with APS. APS Board of Directors Chair Pat Beyle sent letters to Orange County Manager John Link and to commissioners notifying them that the APS board had voted to discontinue the agency's contract with the county unless the county provides the APS with additional funds to support the animal shelter. The letters state that about $138,000 in additional funds would be needed this fiscal year to offset the cost to APS of running the shelter. The county pays the APS $429,000 a year to run the shelter, but APS officials contend that the actual cost is higher and that the agency can no longer afford to subsidize the shelter's operation, especially in light of recent criticism that Beyle said has stymied the agency's fund-raising ability. "In the event that full funding is not provided starting on Oct. 1, 2003, we will transition the responsibility for Orange County Animal Shelter Operations to the county or its designated agent by no later than Dec. 31, 2003," the letter to Link states. In spite of the letter's somewhat confrontational tone, Beyle said its intent was to make commissioners aware of APS's financial situation, in the hope of prompting negotiations between the county and APS. Beyle said she hopes a compromise can be reached. "This is not a tool to get out of running the shelter," she said. "It's an economic reason. We really do want to be in the business of sheltering the animals . . . It's going to be a sad day in our ballpark if we don't help the county care for the animals." The letter, which comes after several months of discussions about whether animals would be better served if the county ran the shelter, also follows the release of a Humane Society of the United States report that the county ordered late last year. While largely constructive in nature, the report offered a number of recommendations for improving operation of the shelter and has prompted the commissioners to consider forming a task force to evaluate the future of animal sheltering in the county. Commissioner Margaret Brown, chair of the county board, said she did not understand the timing of the letter, given that a formal process of assessing the county's relationship with APS already has begun. If need be, the county is prepared to run the shelter, Brown said. "If the APS can't operate the shelter, they can't operate it," she said. "But we'll operate it. The shelter isn't going to close down. No crisis is going to take place." Although Brown said she is confident of the county's ability to smoothly assume shelter operations, a preliminary county staff report estimates that it would take between four and 10 months to shift shelter operations to the county. "We do not feel that we are fully capable of operating the animal shelter on short notice, be that short notice 30 days, 60 days or 90 days," said Assistant County Manager Gwen Harvey. The county's report also projects that it would cost about $1.1 million in the first year if the county were to run the shelter and about $965,000 in each subsequent year. Harvey said county staff plans to come to the table and discuss possible compromises with APS representatives. But in the meantime, she said, county staff will evaluate the budget submitted with the recent letters to determine whether all of the additional costs the APS described truly are germane to running the shelter. "We want to have an understanding in our minds as to what additional expenses are associated exclusively with the operation of the shelter," Harvey said. Brown said she was not confident that all of the APS budget estimates were accurate. "It's a very surprising number," she said. "We had no idea that they were in this kind of financial situation." For now, Brown said, the county plans to move ahead with its evaluation of the humane society's report. "There's no crisis," she said. "The county is just going to move along with its process." In June, county commissioners voted 3-2 to extend the county's contract with APS until Sept. 30, after which it will come up for renewal each month through Dec. 31. Commissioners recently decided to extend the contract until Oct. 31. A public hearing on the Humane Society's report that was originally scheduled for last week has been rescheduled for Thursday at 7:30 p.m. at the Southern Human Services Center in Chapel Hill. ________________________________________________________________ Chapel Hill News September 21, 2003 Comment: I believe that the devastating critque by HSUS goes well beyond "deficiencies in the management and operation" of the shelter. The issues are not "long-standing"; they arrived with Laura Walters' tenure. It IS easy to point blame -- Laura Walters and the APS leadership are responsible for this mess, not the staff. This is a failure of leadership. With regard to "individual agendas", former APS Vice-President and Secretary Virginia Ellington wrote "I find it impossible to continue to serve with the current leadership of the Board and of the Shelter who are more interested in their own agendas than they are in the animals and the organization." ---- Shelter report points way to improvements As a management consultant, I frequently conduct organizational assessments similar to the one that the Humane Society of the United States recently conducted for Orange County. Based on my professional experience, I believe that the HSUS has done an excellent job. It is not hard to find deficiencies in the management and operation of a facility like the Orange County Animal Shelter; many things clearly need to be improved. For those trained, experienced and tasked to identify deficiencies, it is particularly easy to identify needs/opportunities for improvement. For those immersed in the day-to-day struggle of operating a not-so-modern facility with marginally adequate funding and less-than-adequate supporting systems and processes, this is not so easy. This is by no means an excuse; this is, however, a fact. It is not hard to identify key factors that have contributed to this situation. Most of the issues on the table today are long-standing in nature. They did not suddenly arise over the past year or two. There are many lessons to be learned; some of the most significant of these transcend the issues identified by the HSUS. It will be hard to prioritize potential improvements and to define, fund and implement the actions necessary to achieve desired results. The Task Force recommended by HSUS is a sound and proven approach for proceeding. It is easy to point fingers/assign blame. Some have seized upon the HSUS report as an opportunity to promote their individual agendas. Caution. If all the facts were on the table, we might be very surprised at whom the fingers would be pointing. While likely hard for some, I sincerely hope that we all can rise above this non-productive behavior and recognize that further finger pointing/blaming won't help in meeting the challenges before us. In my brief tenure on the APS board, I have seen that my fellow board members are committed to resolving these issues in partnership with the county and other community stakeholders. They are intensely motivated to promote the welfare of animals in our community. APS has a highly dedicated, underpaid staff who, in my opinion, are among the unsung heroes of our community. APS staff has placed highest priority on saving as many animals as possible from death by euthanasia. While this has led to practices not fully consistent with HSUS standards, one should not fail to recognize that intentions have been noble. John Guibert Chapel Hill ________________________________________________________________ Chapel Hill Herald September 22, 2003 Comment: Half of the "not-so-modern facility" is eleven years old and a new facility is in the works. It is incorrect to say thate the County has provided "marginally adequate funding"; this shelter is one of the two best funded shelters in the state and it is untrue that the County has provided "less-than-adequate" supporting systems. --- We should work together to solve animal shelter problems Although a member of the aps board of directors, my real job is as a management consultant. I conduct organizational assessments similar to the one the Humane Society has conducted for Orange County. Based on professional experience gained over 35 years and what I have learned at aps, I would note that: The HSUS has done an excellent job -- for all of us. It is not hard to find deficiencies in the operation of a facility such as the shelter; many things clearly need to be improved. For those immersed in the day-to-day struggle of operating a not-so-modern facility with marginally adequate funding and less-than-adequate supporting systems and processes this is not so easy. This is by no means offered as an excuse; this is, however, a fact. It will require hard work. The task force recommended by the HSUS is a sound approach, provided it moves forward in the spirit of a strategic partnership between stakeholders. It is easy to point fingers and assign blame. Some have seized upon the report as an opportunity to further promote individual agendas. For those who seem inclined to this path or who might be tempted to join them, I would only note that if all the facts were on the table, we all might be very surprised to see at whom the fingers would actually be pointing. I sincerely hope we can all rise above this nonproductive behavior and recognize that further finger pointing and blaming are not going to provide any help in addressing the issues and in meeting the challenges that lie before us. My fellow board members have a strong commitment and desire to work on resolving these issues and look forward to doing so in strategic partnership with other community stakeholders. They continue to be primarily motivated to promote the welfare and protection of the animals in our community. The aps is also fortunate to have a number of highly dedicated, underpaid staff who in my opinion are among the unsung heroes of our community. John Guibert Chapel Hill ________________________________________________________________ Chapel Hill Herald September 24, 2003 Remark: will you please name names??? It seems to me that Pat Beyle has not only handed the ax; she's sharpened it as well. aps is putting its role on the line The county is required by law to operate an animal shelter. For more than 20 years, the county has chosen to do so through a formal contract with the aps. Over the years, the county has chronically under-funded the operation of the Animal Shelter, adversely affecting both the quality of shelter operations and the financial condition of the aps. The aps has been subsidizing the operation of the county's shelter in amounts ranging from $70,000 to $90,000 per year. This year, aps subsidization of $138,000 will be required. Annual costs to operate the shelter have increased by 7 percent, due in part to the implementation of certain HSUS recommendations. On several occasions this year, the county staff has discouraged the aps from raising concerns regarding the county's funding of the shelter and has been non-responsive to aps requests for additional funding and support. This aps administration believes it would be irresponsible to continue to remain silent on this important matter, and decided that it had no alternative but to take its case directly to the commissioners. This aps administration has intentionally put its role at the shelter on the line at this time because it firmly believes it is more important to obtain adequate county funding to properly take care of the animals than to protect the aps' role at the shelter. The timing of aps' funding request was also influenced by a determination that aps no longer has sufficient cash reserves to continue to subsidize the shelter at the currently required level. The aps has expressed its desire and willingness to continue to operate the shelter indefinitely if the county provides adequate funding. If the county decides not to start providing adequate funding on Oct. 1, aps is willing to continue to subsidize operation of the shelter until Dec. 31, 2003 while a transition of operational responsibility takes place. As to allegations that the aps is in some way frustrating the purpose of the task force recommended by the HSUS, it is important to recognize that the HSUS did not intend or in any way envision that the task force would be utilized to determine who should operate the shelter in the future. The HSUS recommended a task force as a proven approach to prioritize and define action items (with due dates) for implementing the specific recommendations provided in its report. Pat Beyle Chapel Hill The writer is president of the aps Board of Directors. ________________________________________________________________ Chapel Hill News September 24, 2003 Editorial Strange demands by APS Curiouser things have happened, we suppose, but the Animal Protection Society's recent communication with the Orange County commissioners is cause for head-scratching. The commissioners, after receiving complaints from citizens and a critical report by the Humane Society of the United States, have been reviewing the county's contract with the APS to run the county animal shelter. The county has put the society on notice that it may end the contract and take over the shelter itself. You'd think, facing that kind of drastic outcome, that the APS would be looking for a way to persuade the commissioners to extend the contract, pretty please. Instead, the society sent an ultimatum to the county last week laying out a set of demands for its continued operation of the shelter. Among them: -- The county increase its $429,000 annual funding of APS by $138,000 a year. -- The APS be represented on a task force that will look at the Humane Society recommendations. -- The commissioners decide whether to extend the contract by Jan. 31. -- If those conditions aren't met by Oct. 1, APS will stop running the shelter by the end of the year. This is an odd response to the county's scrutiny. As one commissioner put it, "It's as if a chicken put its head on the chopping block and handed you the ax." The APS, to be sure, has some cause for concern. The society says it has been "subsidizing" the operations of the animal shelter out of APS funds for years to the tune of $70,000 to $90,000 a year. Because of bad publicity and uncertainty over its future, the society says, contributions have dried up. Meanwhile, APS's operating deficit has increased from $85,000 last year to a projected $138,000 this year. That's the "subsidy" that APS wants the county to make up. Without it, APS officials say, the operation will go broke. It may be reasonable to ask for more county funding, but the way APS has gone about it is all wrong. When you want someone to give you money, you don't send a demand letter threatening dire consequences if the money isn't forthcoming. And you don't make such demands of a publicly elected governmental body in the context of that government's review of your operations. And even if you do all that, you conduct the conversation in person, not in the cold black-and-white impersonality of a formal letter. Unfortunately, this incident is all too typical of APS's conduct of its affairs in recent times, reflecting a political tone-deafness and insensitivity to public perception. The APS knows that the county is in no position to take over operation of the shelter in a three-month time frame, and threatening to pull out not only leaves the county in an untenable situation but, more importantly, puts at risk the animals that APS exists to protect. APS's timing in this situation is so unfortunate as to be construed as suicidal. APS officials avow that they want to continue operating the shelter, but dealing in threats and ultimatums suggests otherwise. Before this exchange, it had appeared that the best prospect for the future of the shelter was for the county not to take it over _ an expensive operation for which governments are not well suited _ but to implement recommendations of the Humane Society by working with the APS. Now, we don't see that APS's action leaves the commissioners much choice. Either the county needs to plan for operating the shelter itself, or it needs to use its funding and contract leverage to effect an overhaul of APS management and governance that will be more responsive to the public interest. It's time to sweep out the kennel. ________________________________________________________________ The Herald-Sun September 26, 2003 APS, animal shelter differences continue CHAPEL HILL -- The Orange County Commissioners got a mixed response on who should run the county animal shelter from the approximately 30 residents who spoke Thursday night at a public hearing. Board members and supporters of the Animal Protection Society, which the county has paid to run the shelter on Airport Road in Chapel Hill for 24 years, believe it should continue to do so, while APS critics contend new shelter management is needed. The county-hired Humane Society of the United States released a report critical of APS management last month and made hundreds of recommendations for change. The APS has been in a yearlong dispute with two main critics, Elliot Cramer and Judith Reitman, and lawsuits filed by both sides continue to move through the courts. "Given the devastating HSUS criticisms, more than confirming what you have heard over the past year, you dare not entrust operation of the shelter to APS," Cramer told commissioners Thursday night. "Only a few years ago you had the best shelter operation in the state and you can again." Acknowledging the controversy has caused an "enormous headache," APS board President Pat Beyle asked for a meeting between the commissioners and the APS board before a decision on shelter operation is made. "Time is of the essence for the animals, the taxpayers and the APS staff. I urge you to hold such a meeting as soon as possible." APS board member Elfriede Illiano said she has not lost faith in the organization. "I hope that in the end you will make a decision beneficial to both animals and taxpayers and that eventually sanity will prevail," she said. APS member Beverly Rockhill, however, said the APS board has been hostile and condescending. "Commissioners, trust your intuition and your heart here," she said. Ellen Weiss questioned if APS was suited to fix the problems outlined in the HSUS report since she said officials had not acknowledged the problems. Marcey Waters said APS officials have been defensive rather than trying to solve the problems and make the shelter better. Gina Burns, an APS volunteer, asked that those who volunteer to work with the animals not be forgotten. "If anything comes out of this mess, we would like to see the volunteers kept integral to whoever is running this organization." ________________________________________________________________ Daily Tarheel September 26, 2003 Grievances, rebuttals aired over APS By Nick Eberlein Assistant City Editor September 26, 2003 Heated accusations, vehement denials and unanswered questions related to the future of the county animal shelter's administration marked Thursday night's public hearing before the Orange County Board of Commissioners. The meeting gave residents their first chance to comment in the debate about the viability of the shelter's governing body, the local chapter of the Animal Protection Society. The Humane Society of the United States released a report critical of the shelter Aug. 28, and county staff has since investigated options for a potential takeover. The commissioners contracted the Humane Society to evaluate the shelter in light of intense public and media scrutiny of its operations. Being placed under a microscope by newspapers and angry residents, APS supporters said, is the crux of the shelter's difficulties. "The media has had more fun making snide comments about us than David Letterman did with Bill Clinton," said Suzy Cross, a member of the APS Board of Directors and animal trainer at the shelter. Most APS board members were present and stepped up to refute charges of mismanagement. "This has caused an enormous headache for (the county) and APS," board president Pat Beyle said. "Time is of the essence for the animals, APS and the county." Beyle sent a letter, dated Sept. 13, to county manager John Link that called the county's yearly funding to APS inadequate. To institute recommended changes and make up for financial shortfalls, Beyle wrote, would require an additional $138,000 annual stipend. Board members said public donations have been curtailed severely because of the controversy surrounding the shelter. But critics of the APS charged that fiscal mismanagement, not a tight-fisted public, has eroded the shelter's money supply. Judith Reitman, an APS member, said the shelter's director, Laura Walters, rejected her attempt to pay dues and tried to trespass her from the shelter site. "There was no disturbance. I only wanted to pay $50," she said. Reitman and local resident Elliot Cramer are suing the APS for withholding membership information and voting rights. Walters and the APS have countersued for defamation. The APS has told the commissioners to reply to its monetary request by Wednesday or it might be forced to cede control of operations at the end of the year. County staff members still have not reached a decision on extra funding, and there is no time set for an answer. The commissioners will resume shelter discussions at their Oct. 21 meeting. "Only a few years ago you had the best shelter operation in the state, and you can again," Cramer told the commissioners. "I urge you to act decisively." Contact the City Editor at citydesk@unc.edu. ________________________________________________________________ Chapel Hill Herald September 27, 2003 County may meet with aps board Shelter chief wants talks before decision on management HILLSBOROUGH -- Orange County Commissioners may consider meeting with Animal Protection Society's board of directors before making a decision on who will manage the county's animal shelter. aps board President Pat Beyle requested the meeting at a public hearing earlier this week. "I think it's a reasonable request," Commissioner Barry Jacobs said. "I don't know if we're going to do it. We may or may not be at a point where we're ready to make decisions. I don't know until I talk to the other commissioners." The request for a meeting came in the wake of a report last month from the county-hired Humane Society of the United States that criticized shelter management and called for hundreds of changes to the procedures for handling animals there. And earlier this month, the aps board sent letters to the county manager and the commissioners asking for about $10,000 more a month to operate the shelter, which it's done for the county for the last 24 years. If it doesn't get the additional funds, the group can't keep running the shelter, aps board members said. Beyle wants a board-to-board meeting to explain aps' position to the commissioners. "Since 1979 we have enjoyed a good relationship with Orange County, and together we have done our best to take care of our lost, abandoned and injured animals and wildlife," Beyle said. "We intend to continue to do so, and would very much like to do it in partnership with the county." Jacobs is undecided on how to proceed. "Considering the long association we've had with the aps, they made a reasonable request," Jacobs said. "Considering that first they presented us with an ultimatum and misrepresented their relationship with the county, my response is ambivalence." Jacobs, however, said he may ask the board Wednesday to refer the matter to County Manager John Link. "If nothing else, we ought to refer it to the manager," Jacobs said. "One of the odd aspects of the public hearing structure is we just sit there. We let statements go unchallenged and similarly when someone makes a [request] like that we don't say yay or nay. We just sit there." Link has already been given the task to evaluate aps' request for additional funds and to make a recommendation on that by the end of October. aps board members would like their organization to run the shelter but are pushing for a decision soon. They had sought a decision by Oct. 1. The county should "move forward with immediate plans to work with the aps and commit to collectively establishing a first class shelter for our community," aps board member Kendall Page said. "The longer that this goes on, the more the county will suffer," Page added. "We will lose volunteers who are unwilling to work with an organization that does not have the support of the county and has an indefinite future." aps officials tied their request for more money to a warning that the group's ability to raise money from private donors has eroded, thanks in part to an ongoing dispute that began last year after the termination of the group's former wildlife veterinarian, Bobby Schopler. Two aps critics, Elliot Cramer and Judith Reitman, sued the group in February, alleging that it had violated the state law that outlines the rights of the members of nonprofit corporations. aps officials quickly filed a counterclaim alleging that the pair mounted a campaign of slander and libel against the organization to damage its fundraising and relationship with the county. Several residents, such as Steven Kaufmann, whose wife is on the aps board, said this week that they want closure to the saga. "It's mind-boggling to me the drama that's being played out up to this point, a lot of hostility, a lot of soap-opera-like drama," he said. "I'm personally just tired of the whole drama." Jacobs said that he wants volunteers involved in the operation regardless of who manages it. "I hate to think of an operation where because of insurance concerns or rules and regulations we don't let a volunteer sit in a cage with a scared animal," he said. "The thing that worries me the most is we don't want to impose an arbitrary and uncaring structure, and I think as long as we keep the volunteers engaged in the operation, that won't happen." ________________________________________________________________ Chapel Hill News September 28, 2003 Clashes continue at APS hearing Agency has issued a Tuesday deadline on a request for more funds. By KATHLEEN KEARNS, STAFF WRITER CHAPEL HILL _ The county commissioners' public hearing on animal shelter operations was intended to give residents a chance to have their say on the final report on animal services by the Humane Society of the United States and a parallel report by county staff. Instead, the meeting at the Southern Human Services Building on Thursday was a rehash of charges and counter-charges that have swirled around the APS Animal Shelter during the past year. Amidst the debate, Jay Fulkerson of Chapel Hill took another tack. "It seems to me the county should support APS and the Piedmont Wildlife Center and not have APS deal with wildlife," Fulkerson told the commissioners. "It would mend a lot of fences to have the county support both. Both groups can work together and keep the volunteers active." Criticism of APS mounted after Bobby Schopler, the shelter's veterinarian and wildlife expert, left the shelter in a storm of controversy in July 2002 and APS closed the wildlife facility. Shopler has since headed up the effort to open the independent Piedmont Wildlife Center and is seeking county funds for its operation. The two reports were presented Aug. 28 to the commissioners, the Orange County Board of Health, and the board of directors of the Animal Protective Service of Orange County. Though it was the sole opportunity for members of the public to comment on the reports, few present addressed the documents' specific assessments and recommendations. Most speakers fell into one of two camps: those who praised the nonprofit APS for its commitment to animal care, and those who vilified the agency for the way it has run the Orange County Animal Shelter. Sub-themes included charges that negative publicity has affected APS's ability to attract donations and volunteers; and tension bordering on animosity between advocates of APS and advocates of the Piedmont Wildlife Center. Early in the hearing, APS critic Jude Reitman recounted her visit to the shelter early Thursday afternoon to pay to renew her membership and that of Elliott Cramer. Shelter director Laura Walters refused the checks, Reitman said, and had an APS staffer call Chapel Hill Police. Police records note that an officer responded to a disturbance at the shelter at 12:33 p.m. Thursday. Reitman left the building before the officer arrived, and no charges were filed. APS banned Cramer from APS property in January. On Feb. 10, he was escorted from the shelter by police officers after he appeared at an APS board of directors meeting. Reitman and Cramer filed suit Feb. 20 in Orange County Superior Court alleging that the APS board illegally refused to disclose information and records, removed members' voting rights and obstructed members' efforts to nominate candidates to the APS board of directors. The APS has responded with a counter suit claiming that the critics have defamed APS's reputation. At Thursday's hearing, Cramer characterized the HSUS report as "devastating." In it, he said, Kate Pullen, the HSUS director of animal sheltering issues, struggled to find good things to say about APS. Ann Petersen of the APS board said the agency had generated thousands of dollars in privately raised funds and thousands of hours of volunteer service. "No good deed goes unpunished," Petersen said. The issue before the commissioners is whether Orange County should renew APS's contract, run the shelter itself, or turn the management of animal services over to another organization. In two Sept. 13 letters, APS President Pat Beyle told the commissioners and County Manager John Link that APS would not continue to manage and operate the shelter beyond Sept. 30 unless the county increased payments to APS by $10,636 a month. Link and the commissioners have not yet responded to the funding request. Link said county staff are expected to present their recommendations about shelter operation to the commissioners at a meeting Oct. 21 at 7:30 in the Southern Human Services Center. At or after this meeting, the commissioners will decide how to respond to the request for increased funds and whether to renew the APS contract. APS has asked for a meeting with the commissioners to discuss all issues related to county animal services. Beyle said the agency would like to continue operating the animal shelter in partnership with the county. "The decision rests with you," Beyle told the commissioners. "It should be made deliberately and without delay but not before you meet with (the APS board) directly." Walters said Friday that such a meeting would be open to the public if it occurs. The Board of Commissioners has not yet responded to the meeting request. Walters said that unless the agency receives an answer from the county on the funding request by Tuesday, it will immediately discontinue Emergency Animal Rescue Services and begin working with the county on transferring management of the animal shelter to the county or another organization by Dec. 31. Beyle's Sept. 13 letter stipulated that APS would be willing to continue emergency services beyond Sept. 30 if the county increases its monthly payment to the agency by the $10,636 requested. In June, commissioners voted to extend the county's contract with APS until Sept. 30, after which it would come up for renewal each month through Dec. 31. The commissioners recently decided to extend the contract until Oct. 31. Earlier this month, Link recommended that the commissioners appoint a task force to review the HSUS report on APS. Board of Commissioners Chair Margaret W. Brown said Friday that her board colleagues asked her at a meeting last week to get recommendations on who would make up such a task force and what its charge would be. She said she is presently working with the other commissioners to fulfill that request. ________________________________________________________________ Chapel Hill News September 28, 2003 Comment: What would you do if a big client hires a new manager who has a history of incompetence in her prior position. You receive many complaints from customers about the service and this manager continually submits false reports and statements justifying her inadequate performance. Her Board, instead of investigating and remedying the situation repeated says what a wonderful job she is doing. I think you would contract with someone else. --- What would you do in this case? You are about to go into contract negotiations at the end of the fiscal year with a big client who you have been in business with for many years. During the year, you have been subjected to a slanderous attack by partisan critics. They attempt a hostile takeover. They sue you. Your lawyer counsels public discretion while the allegations and counter suit proceed. The press repeats daily the negative quotations of the attackers with little research of underlying causes. Repetition causes public distrust of your service. Your client commissions a major report on the state of the business. Before receiving the report and considering the third-party suggestions, they decide not to renew the yearly contract. They unilaterally demand month-to-month continuance from your firm. Investments in your service drop away after the non-renewal. Your client's management advises its board that they are not ready to take over the operation for half a year. Further, they prepare projections that show that they cannot beat your prices. The client says, "Maybe if you give us thousands of dollars in contributions indefinitely we may use your group for a few more months. We are not sure how many months." You hire a top business analyst to go through all the books. He is convinced you have been ethical and shows how you have saved your client thousands of dollars over the years. He reorganizes and clarifies the books to show actual cost of services provided. Your client ignores this expert's report. The client's chief executive says, "You are no longer financially viable." Being responsible to its other division, your board decides to protect its continuing operations from financial harm. Since there has been no opportunity offered for direct sit down negotiations your board asks for actual compensation of service provided and sets a deadline for a transition or a commitment. What would you do? -- Jesse Kaufmann, Hillsborough ________________________________________________________________ Chapel Hill News September 28, 2003 Clashes continue at APS hearing Agency has issued a Tuesday deadline on a request for more funds. By KATHLEEN KEARNS, STAFF WRITER CHAPEL HILL _ The county commissioners' public hearing on animal shelter operations was intended to give residents a chance to have their say on the final report on animal services by the Humane Society of the United States and a parallel report by county staff. Instead, the meeting at the Southern Human Services Building on Thursday was a rehash of charges and counter-charges that have swirled around the APS Animal Shelter during the past year. Amidst the debate, Jay Fulkerson of Chapel Hill took another tack. "It seems to me the county should support APS and the Piedmont Wildlife Center and not have APS deal with wildlife," Fulkerson told the commissioners. "It would mend a lot of fences to have the county support both. Both groups can work together and keep the volunteers active." Criticism of APS mounted after Bobby Schopler, the shelter's veterinarian and wildlife expert, left the shelter in a storm of controversy in July 2002 and APS closed the wildlife facility. Shopler has since headed up the effort to open the independent Piedmont Wildlife Center and is seeking county funds for its operation. The two reports were presented Aug. 28 to the commissioners, the Orange County Board of Health, and the board of directors of the Animal Protective Service of Orange County. Though it was the sole opportunity for members of the public to comment on the reports, few present addressed the documents' specific assessments and recommendations. Most speakers fell into one of two camps: those who praised the nonprofit APS for its commitment to animal care, and those who vilified the agency for the way it has run the Orange County Animal Shelter. Sub-themes included charges that negative publicity has affected APS's ability to attract donations and volunteers; and tension bordering on animosity between advocates of APS and advocates of the Piedmont Wildlife Center. Early in the hearing, APS critic Jude Reitman recounted her visit to the shelter early Thursday afternoon to pay to renew her membership and that of Elliott Cramer. Shelter director Laura Walters refused the checks, Reitman said, and had an APS staffer call Chapel Hill Police. Police records note that an officer responded to a disturbance at the shelter at 12:33 p.m. Thursday. Reitman left the building before the officer arrived, and no charges were filed. APS banned Cramer from APS property in January. On Feb. 10, he was escorted from the shelter by police officers after he appeared at an APS board of directors meeting. Reitman and Cramer filed suit Feb. 20 in Orange County Superior Court alleging that the APS board illegally refused to disclose information and records, removed members' voting rights and obstructed members' efforts to nominate candidates to the APS board of directors. The APS has responded with a counter suit claiming that the critics have defamed APS's reputation. At Thursday's hearing, Cramer characterized the HSUS report as "devastating." In it, he said, Kate Pullen, the HSUS director of animal sheltering issues, struggled to find good things to say about APS. Ann Petersen of the APS board said the agency had generated thousands of dollars in privately raised funds and thousands of hours of volunteer service. "No good deed goes unpunished," Petersen said. The issue before the commissioners is whether Orange County should renew APS's contract, run the shelter itself, or turn the management of animal services over to another organization. In two Sept. 13 letters, APS President Pat Beyle told the commissioners and County Manager John Link that APS would not continue to manage and operate the shelter beyond Sept. 30 unless the county increased payments to APS by $10,636 a month. Link and the commissioners have not yet responded to the funding request. Link said county staff are expected to present their recommendations about shelter operation to the commissioners at a meeting Oct. 21 at 7:30 in the Southern Human Services Center. At or after this meeting, the commissioners will decide how to respond to the request for increased funds and whether to renew the APS contract. APS has asked for a meeting with the commissioners to discuss all issues related to county animal services. Beyle said the agency would like to continue operating the animal shelter in partnership with the county. "The decision rests with you," Beyle told the commissioners. "It should be made deliberately and without delay but not before you meet with (the APS board) directly." Walters said Friday that such a meeting would be open to the public if it occurs. The Board of Commissioners has not yet responded to the meeting request. Walters said that unless the agency receives an answer from the county on the funding request by Tuesday, it will immediately discontinue Emergency Animal Rescue Services and begin working with the county on transferring management of the animal shelter to the county or another organization by Dec. 31. Beyle's Sept. 13 letter stipulated that APS would be willing to continue emergency services beyond Sept. 30 if the county increases its monthly payment to the agency by the $10,636 requested. In June, commissioners voted to extend the county's contract with APS until Sept. 30, after which it would come up for renewal each month through Dec. 31. The commissioners recently decided to extend the contract until Oct. 31. Earlier this month, Link recommended that the commissioners appoint a task force to review the HSUS report on APS. Board of Commissioners Chair Margaret W. Brown said Friday that her board colleagues asked her at a meeting last week to get recommendations on who would make up such a task force and what its charge would be. She said she is presently working with the other commissioners to fulfill that request. ________________________________________________________________ Chapel Hill Herald September 29, 2003 APS' funding request had multiple reasons Comment: What service could be more valuable or important to APS that than attending to injured animals that citizens find on the road or elsewhere - a dog park?. The County has no legal obligation to provide the EARS service but it has been an implicit part of the APS contract for many years. If APS thinks it is not required to do this, it should anyway as part of its mission. I have no doubt that the cancellation of the service by APS was a ploy by Laura Walters to pressure the BOCC. The low-cost spay/neuter program is certainly a valuable service, but it has been a money maker for APS; it completely funded the APS Wildlife program which APS has abandoned, providing additional income for other APS programs. ---- On behalf of the aps Board, I would like to provide additional perspective on our recent request for additional funding to operate the Animal Shelter. The aps has requested the county to increase its funding level for the shelter by $10,636 per month starting Oct. 1. aps has already subsidized operation of the shelter by approximately $32,000 this fiscal year. If the county does not grant our request, we will continue to subsidize operation of the shelter through December 31, 2003 -- an additional $32,000. Our request for additional funding was based on a number of considerations, including: *Annual costs of operating the shelter have increased by approximately 7 percent, due in part to implementing certain HSUS recommendations. *The controversy over aps operation of the shelter and the "short-leash" approach the county has taken with aps have, over the past year, significantly affected our ability to obtain funding from the community (the primary source of funds subsidizing shelter operations). *Continued aps subsidization over the years -- particularly since July 1, 2002 when the county essentially (and unilaterally) froze its annual funding level for the shelter -- has led to a dwindling of our unrestricted cash reserves. The aps provides a number of animal welfare programs and services to the community separate and apart from its operation of the shelter (e.g., a low-cost spay/neuter clinic, educational programs, animal training programs, a recreational dog park -- all centered at the Felicite Latane Center in Mebane). The aps is not "going broke." However, our ability to protect these other valuable programs we provide would be significantly threatened if the current situation were allowed to continue as is much longer. We would be irresponsible if we did not act to protect these other activities, particularly in the absence of assurance of a continuing working relationship with the county. We are hopeful our financial situation with respect to subsidizing the shelter is temporary in nature. The answer to this depends on a timely decision by the county as to who will operate the shelter in the future. If the county decides to continue to contract with the aps, we anticipate this would have a positive impact on our ability to restore previous levels of community funding. We have asked the county to make this decision by no later than Jan. 31, 2004 -- which is more than sufficient time to do so. John Guibert Chapel Hill The writer is a member of the Animal Protection Society Board of Directors. ________________________________________________________________ Chapel Hill Herald September 30, 2003 Comment: More of Laura's lies. There was no disturbance; Judith simply insisted on a receipt as is her right ------ APS conflict with 2 critics returns to court Membership list, records access at issue; police matter delayed HILLSBOROUGH -- The Animal Protection Society of Orange County and its two most vocal critics were in court again Monday as they parried back and forth over access to aps documents and the aps membership list. Superior Court Judge Ronald Stephens heard arguments from Barry Nakell, a lawyer representing Elliot Cramer and Judith Reitman. Nakell said that aps has not provided the documents and the membership list as required by previous discovery motions. Cramer and Reitman sued the aps in February, claiming that the group, which manages Orange County's animal shelter, refused to hand over board minutes, membership lists and financial records, and that it secretly changed its bylaws to keep control of the board of directors. In turn, the aps and its director, Laura Walters, filed defamation counterclaims against Cramer and Reitman because they published posters and other information claiming the aps and Walters had engaged in illegal conduct. Thursday, the conflict became a police matter for the second time in the yearlong dispute when Reitman went to the shelter. She attempted to renew her own aps membership, which expired in August, and to renew Cramer's membership, which is due to expire today at midnight. Cramer claims that Reitman handed two dues checks to Walters, but Walters would not give her a receipt. When Reitman demanded receipts, Walters called the police, and Reitman went outside and waited for police to arrive. For her part, Walters said that while Reitman gave her the dues checks, she told Reitman she would have to consult the aps board about whether it would renew the memberships. As they argued about the checks and receipts, Reitman became upset and followed her around the office demanding receipts, Walters said. "I asked her to leave because she was causing a scene, a large disturbance," Walters said. "The crowd in the office seemed very shocked at what was happening, and I thought it was very important to bring the situation under control." Walters said she called the police when Reitman refused to leave the building. The police report said Reitman was waiting outside when the officer arrived. He asked her to leave, and she did. In court, Nakell asked for a temporary restraining order and injunction to compel aps to accept the membership applications of Cramer and Reitman, and to withdraw a trespassing notice the group lodged against Cramer after an incident at the shelter last year. Stephens refused to hear arguments on those issues, on the grounds that the aps and its lawyers hadn't received enough notice about Nakell's request. He said he would hear arguments on that motion on Oct. 13. The judge did hear arguments Monday on whether aps has provided Cramer and Reitman the documents they're entitled to under the rules of discovery. aps attorney Ron Merritt handed Nakell two boxes of documents early Monday morning that supposedly contained all the requested documents, except the membership list and financial records. Stephens said he would make a decision on whether Cramer and Reitman should receive those too on Thursday at 2 p.m. aps attorney Chris Lewis argued that Cramer and Reitman were not entitled to the membership list and financial records because they planned to use them in bad faith and for improper purposes. Nakell claimed they would not. During Nakell's background summary of the lawsuit to Stephens, who had not heard any previous motions about the case, Nakell said that Cramer's interest in the aps began after the group declined to renew the contract of Bobby Schopler, the veterinarian who ran its wildlife program. aps officials believe Cramer's interest in the aps grew out of a longtime friendship with Schopler and his mother. In an affidavit, aps President Pat Beyle said she believes Cramer has criticized aps operations and management in an effort to destroy the contractual relationship between the aps and the county. Cramer denied Beyle's assertion, calling it "that Schopler garbage." ________________________________________________________________ Daily Tarheel September 30, 2003 Questions linger over control of animal shelter By Dan Schwind Staff Writer September 30, 2003 As discussions about the viability of the local Animal Protection Society's administration of the county's animal shelter approach an endgame, just who will run the shelter -- and how much it will cost -- remains as muddled as ever. After months of scrutiny and intensive efforts to bolster the shelter's quality during the last few months, APS recently requested $138,000 in additional funding from the Orange County Board of Commissioners. If the board does not provide the funding by Wednesday, APS said, it will relinquish control of the shelter at the end of the year. Pat Beyle, president of the APS board of directors, said the organization is optimistic about renewing its contract for next year. "It's in their ballpark," Beyle said. Beyle emphasized that the money is necessary to get back to "even keel" after implementing recommendations from the Humane Society of the United States. Additional funding would help the group with public fund-raising efforts, though Beyle noted that county cooperation with the shelter is needed for continued operation. "Just laying the money on us isn't going to do it," Beyle said. "We're asking for a partnership (with county officials)." The APS ultimatum has hastened the dialogue among various parties concerning who should run the shelter. One potential candidate is the county itself, though its proposed budget is significantly higher than the yearly $428,818 allocation the commissioners grant to the APS. Elliot Cramer, local resident and president of the Piedmont Animal Welfare Society, said the county would require an additional $400,000, compared with the $138,000 APS would need. Assistant County Manager Gwen Harvey said the discrepancies result from the county's lack of experience in running the animal shelter. "(It's) based on understanding the frame of reference on what APS has now," Harvey said. Cramer, one of APS' biggest critics, said the county's budget is bloated and includes items that are unnecessary. He said the county overestimated the number of kennel workers needed for operation. Cramer also offered a sample budget that was modified from APS' current budget. It calls for about $140,000 in extra funding above the yearly money now earmarked for APS. Cramer said he believes that it is very likely that a group could be found to run the shelter in place of APS. "I am confident that some other group can and will stand up and take over," Cramer said. "If not, the county can at similar costs (to the sample budget)." Recent debate also has centered on the creation of a task force proposed in the Humane Society's evaluation of the shelter. The Humane Society called for the task force to oversee the implementation of the recommendations in the report. "It's at the board's pleasure to vote on that," Harvey said. Currently at issue is how the task force would operate. Commissioners support assembling a force tailored to the Humane Society's specifications and might vote on implementation at their Oct. 21 meeting. The APS would create its own task force if the board can't agree on a county-led group. Contact the City Editor at citydesk@unc.edu.