Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2022-07-19 - Agendas - Archive
Council Member Sonia Harvey Ward 1 Position 1 Council Member D'Andre Jones Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position 1 Council Member Mike Wiederkehr Ward 2 Position 2 1. Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Holly Hertzberg Ward 4 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton City of Fayetteville Arkansas City Council Meeting July 19, 2022 A meeting of the Fayetteville City Council was held on July 19, 2022 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. Pledge of Allegiance: Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports, and Discussion Items: Announcement of the Completion of the Audited 2021 Annual Comprehensive Financial Report. Monthly Financial Report: Agenda Additions: A. Consent: 1. Approval of the July 5, 2022 City Council Meeting Minutes. APPROVED 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov 2. 2022-0510 Wilson Bauhaus Interiors: A resolution to approve the purchase of equipment and furnishings for the new police headquarters building from Wilson Bauhaus Interiors and other dealers, as authorized by Resolution 97-21, in the amount of $965,009.91 plus any applicable taxes and shipping charges, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 158-22. 3. 2022-0579 On Point Dumpster Rental NWA, LLC: A resolution to approve an agreement with On Point Dumpster Rental NWA, LLC for the hauling and disposal of solid waste in the City of Fayetteville. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 159-22. 4. 2022-0580 Spo Networks, Inc.: A resolution to approve an agreement with Spo Networks, Inc. for the hauling and disposal of solid waste in the City of Fayetteville. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 160-22. 5. 2022-0581 Sweetser Construction, Inc.: A resolution to award bid #22-34 and authorize a contract with Sweetser Construction, Inc. in the amount of $362,283.00 for construction of the Wilson Park Trail Bridge Replacement and Promenade Improvements, to approve a project contingency in the amount of $25,000.00, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 161-22. 6. 2022-0594 2022 City Sales and Use Tax Bonds: A resolution to approve a budget adjustment in the total amount of $75,513,868.00 to appropriate proceeds from the 2022 City Sales and Use Tax Bonds. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 162-22. 7. 2022-0597 Landscape Structures, Inc.: A resolution to authorize the purchase of playground safety surfacing from Landscape Structures, Inc. for installation at David Lashley and Hotz Parks in the amount of $101,039.75 pursuant to a Sourcewell Cooperative Purchasing contract, and to approve a project contingency in the amount of $10,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 4 63-22. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov 8. 2022-0598 Arkansas Air and Military Museum, Inc.: A resolution to approve a three-year lease agreement with the Arkansas Air and Military Museum, Inc. for property located at Drake Field, with options to renew for additional three-year terms. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 164-22. B. Public Hearing: 1. 2022-0556 Public Hearing on The Proposed Ordinance to Change or Establish Water and Sewer Rates: A resolution to conduct a public hearing on the proposed ordinance to change or establish water and sewer rates. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 165-22. C. Unfinished Business: 1. 2022-0517 AN ORDINANCE TO AMEND §51.136 MONTHLY WATER RATES AND §51.137 MONTHLY SEWER RATES TO CHANGE WATER AND SEWER RATES: An ordinance to amend §51.136 Monthly Water Rates and §51.137 Monthly Sewer Rates to change water and sewer rates as recommended by the cost of service study conducted by Black & Veatch. This agenda item was tabled to the July 19, 2022 city council meeting. THIS AGENDA ITEM WAS TABLED TO THE DECEMBER 6, 2022 CITY COUNCIL MEETING. 2. 2022-0496 RZN-2022-021 (S. Happy Hollow Road/Black Pine Construction and Development): An ordinance to rezone that property described in rezoning petition RZN 22-021 located at 248 South Happy Hollow Road in Ward 1 for approximately 3.1 acres from RSF-4, Residential Single Family, 4 units per acre to NC, Neighborhood Conservation. This agenda item was left on a first reading at the June 21, 2022 City Council Meeting. This agenda item was left on a second reading at the July 5, 2022 City Council Meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO.6583. 3. 2022-0553 RZN 22-022 (3061 East Skillern Rd./Bearden): An ordinance to rezone that property described in rezoning petition RZN 22-022 located at 3061 East Skillern Road in Ward 3 for approximately 2.99 acres from R-A, Residential -Agricultural to RSF-4, Residential Single Family, 4 units per acre. This agenda item was left on a first reading at the July 5, 2022 City Council Meeting. THIS AGENDA ITEM WAS LEFT ON A SECOND READING. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov 4. 2022-0512 VAC 22-015 (2584 N. Candlewood Dr./Harbaugh): An ordinance to approve VAC 22-015 for property located at 2584 North Candlewood Drive in Ward 3 to vacate a portion of a drainage easement. This agenda item was left on a first reading at the July 5, 2022 City Council Meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO.6584. D. New Business: 1. 2022-0592 RZN 22-024 (502 S. College Ave./Davis): An ordinance to rezone that property described in rezoning petition RZN 22-024 located at 502 South College Avenue in Ward 1 for approximately 0.28 acres from NC, Neighborhood Conservation to RI-U, Residential Intermediate -Urban. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6585. 2. 2022-0593 RZN 22-026 (2015 S. Vale Ave./Titan Vale, LLC.): An ordinance to rezone that property described in rezoning petition RZN 22-026 located at 2015 South Vale Avenue in Ward 1 for approximately 3.50 acres from NS-G, Neighborhood Services -General to CS, Community Services. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6586 3. 2022-0595 RZN 22-025 (507 S. Church Ave.): An ordinance to rezone that property described in rezoning petition RZN 22-025 located at 507 South Church Avenue in Ward 1 for approximately 0.17 acres from NC, Neighborhood Conservation to RI-U, Residential Intermediate -Urban. THIS AGENDA ITEM WAS TABLED TO THE AUGUST 16, 2022 CITY COUNCIL MEETING. 4. 2022-0618 Amend §92.04 Sale of Diseased Animals; Kennel and Pet Shop Regulation: An ordinance to amend § 92.04 Sale of Diseased Animals; Kennel and Pet Shop Regulation to prohibit the retail sale of dogs, cats, puppies, and kittens unless obtained from and in cooperation with the Fayetteville Animal Shelter or another animal rescue organization, and to declare an emergency. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6587. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov Announcements: City Council Agenda Session Presentations: City Council Tour: Adjournment: 9:19 PM 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov City Council Meeting: July 19, 2022 Adja!-n: Subject: Roll Hertzberg (W4P2) Harvey (W1P1) Jones (W1P2) Kinion (W2P1) Wiederkehr (W2P2) I Scroggin (W3P1) J Bunch (W3P2) Turk (W4P1) Mayor Jordan / Subject: Motion To: Motion By: Seconded: Hertzberg (W4P2) Harvey (W1P1) Jones (W1P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Scroggin (W3P1) Turk (W4P1) Mayor Jordan City Council Meeting: July 19, 2022 Resolutions Subject: Consent Motion To: Motion By: Seconded: A.1 A. 2 1 %;�q. Hertzberg (W4P2) / J A. 3 1 5q-4, A. 4 -5,a Harvey (W1P1) A. s l bl'8-a• A.61 Jones (WIP2) A. 7 1 6'j- A.8 Kinion (W2P1) / v/ Wiederkehr (W2P2) J Scroggin (W3P1) / f Bunch (W3P2) / ✓ Turk (W4P1) Mayor Jordan Subject: Motion To: Motion By: Seconded: Hertzberg (W4P2) Harvey (WIPI) Jones (W 1 P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Mayor Jordan j i City Council Meeting: July 19, 2022 ReSOlUt10[1 Subject: PUBLIC HEARING ON THE PROPOSED ORDINANCE TO CHANGE OR ESTABLISH WATER AND SEWER RATES: 022-0556 Motion To: 101� I Motion By: U Seconded: N Hertzberg Public (W4P2) Harvey / Hearing (W1P1) v/ Jones / B.1 (W1P2) ✓ ICinion / • (W2P1) y/ 1 �i Wiederkehr (W2P2) Scroggin / (W3P1) ✓ Bunch (W3P2) ✓ Turk / (W4P1) ✓ Mayor Jordan ` Subject: Motion To: Motion By: Seconded: Hertzberg (W4P2) Harvey (W1P1) Jones (W 1 P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Mayor Jordan City Council Meeting: July 14, 2022 Ordinance AN ORDINANCE TO AMEND §51.136 MONTHLY WATER RATES AND Subject: §51.137 MONTHLY SEWER RATES TO CHANGE WATER AND SEWER RATES: 2022-0517 Motion To: P� Motion By: Seconded: ~ 1 Hertzberg ✓ Unfinished (W4P2) Harvey Business (W1P1) Jones / C.1 (WIP2) J ICini®n ✓ ✓ ga�, Wiederkehr (W2P2) J Scroggin / J J (W3P1) Bunch � / (W3P2) J Turk / J (W4P1) Mayor Jordan Subject: Motion To: Motion By: Seconded: Hertzberg (W4P2) Harvey (W1P1) Jones (W ➢ P2) 1Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Mayor Jordan City Council Meeting: July 19, 2022 Ordinance Subject: RZN-2022-021 (S. HAPPY HOLLOW ROAD/BLACK PINE CONSTRUCTION AND DEVELOPMENT): 2022-0496 Motion To: ✓ Motion By: ` Seconded: 04 Hertzberg Unfinished (W4P2) V Harvey Business (W1P1) Jones C. 2 (W 1 P2) W P / WP (2I) b��� Wiederkehr / (W2P2) ✓ Scroggin / f (W3P1) J Bunch ✓ ✓ (W3P2) Turk / (W4P1) ✓ Mayor Jordan Subject: Motion To: Motion By: Seconded: Hertzberg (W4P2) Harvey (W1 PI) Jones (W 1 P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Mayor Jordan City Council Meeting: July 19, 2022 Ordinance Subject: RZN 22-022 (3061 EAST SKILLERN RD.BEARDEN): 2022-0553 Motion To: ar—,C�w Motion By:)Ptjpe&I Seconded: Unfinished Hertzberg (W4P2) / v/ 1 Business C. 3 &JAI Harvey (WIPI) Jones (W 1 P2) / ✓ Kinion (W2P1) / V Wiederkehr (W2P2) V/ I aScroggin QV1'3P1) Bunch (W3P2) / J Turk (W4P1) Mayor Jordan w9wo O—A V,.;; U", 1 Subject: Motion To: Motion By: Seconded: Hertzberg (W 4P2) Harvey (WIP1) Jones (W 1 P2) Kinion (W2PI) Wiederkehr (W2P2) Scroggin (W3PI) Bunch (W3P2) Turk (W4P1) Mayor Jordan I City Council Meeting: July 19, 2022 Ordinance Subject: VAC 22-015 (2584 N. CANDLEWOOD DR./HARBAUGH): 2022-0512 Motion To: Motion By: Seconded: Unfinished Hertzberg (W4P2) Business C. 4 l(W2P1) Harvey (WI PI) V / ✓ Jones (W 1 P2) / J Kinion ✓ J Wiederkehr (W2P2) ✓ / �/ Scroggin (W3P1) / r Bunch (W3P2) ✓ ✓ ✓ Turk (W4P1) / ✓ ✓ Mayor Jordan ------ 4S-c t6,-0 6-0 Subject: Motion To: Motion By: Seconded: Hertzberg (W4P2) Harvey (W1P1) Jones (W1P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Mayor Jordan i City Council Meeting: July 19, 2022 Ordinance Subject: RZN 22-024 (502 S. COLLEGE AVE./DAVIS): 2022-0592 Motion To: A Motion By: Seconded: New Hertzberg (W4P2) Harvey (W1P1) ✓ ✓ J Business Jones W (W1P2) ✓ ✓ Y2PI (W2P1) / v/ / v/ / ✓ b Wiederkehr (W2P2) / 7 in (W3PI ✓ ✓ / VW3P1) Bunch (W3P2) ✓ ✓ Turk (W4P1) ✓ ✓ �/ Mayor Jordan �^ Subject: Motion To: Motion By: Seconded: Hertzberg (W4P2) Harvey (W1P1) Jones (WIP2) Finion (W2PI) f Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Mayor .fordan City Council Meeting: July 19, 2022 Ordinance Subject: RZN 22-026 (2015 S. VALE AVEJTITAN VALE, LLC.): 2022-0593 Motion To: ✓�• Motion By: ` _ Seconded: .�— Hertzberg � / J New (W4P2) Harvey ✓ ✓ Business (W1P1) v/ Jones / J A 2 (W1P2) WP(2I WP) ,v ob Wiederkehr 1 (W2P2) J Scroggin (W3P1) V Bunch J J (W3P2) Turk (W4P1) ✓ Mayor Jordan 4-61� Z�-cl-� 4;S-6) Subject: Motion To: Motion By: Seconded: Hertzberg (W4P2) Harvey (W1P1) Jones (WIP2) Minion (W2PI) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Mayor Jordan City Council Meeting: July 19, 2022 Ordinance Subjects IZLN 22-025 (507 S. CHURCH AV .): 2022-0595 Motion To. - Motion By: Seconded: Hertzberg f New (W4P2) ' Harvey / Business (W1P1) ✓ .Tones / A 3 (WW2) ICinion 1 (W2P1) J i Q, jIJ J Wiederkehr (W2P2) Scroggin / (W3P1) ✓ Bunch / (W3P2) ✓ Turk (W4P1) Mayor Jordan Subject: Motion To: Motion By: Seconded: Hertzberg (W4P2) Harvey (W1P1) Jones (W1P2) Mnion (W2PI) W iederkeh r (W2P2) li Scroggin (W3PI) Bunch (W3P2) Turk (W4P1) Mayor J®rdan r City Council Meeting: July 19, 2022 Ordinance AMEND §92.04 SALE OF DISEASED ANIMALS; KENNEL AND PET SHOP Subject: REGULATION:2022-0618 Motion To: 3 16 Motion By: Seconded: Hertzberg f New (W4P2) Harvey / ✓ Business (W1P1) v/ Bones / ✓ / ✓ J D. 4 (W 1 P2) Kinion (W2P1) v V r Wiederkehr f (W2P2) Scroggin (W3P1) u' 1 LU Bunch ✓ / (W3P2) Turk Mayor Jordan ^� b — J, Subject: (� pW�a�Obl 'D l Motion To: Motion By: Seconded: Hertzberg (W4P2) Harvey / (W1P1) v/ Jones / (W 1 P2) J Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) 1 Bunch (W3P2) Turk (W4P1)� Mayor Jordan-- i 0" City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, July 12, 2022 4:30 PM City Hall Room 219 City Council Members Council Member Sonia Harvey Ward 1 Council Member D'Andre Jones Ward 1 Council Member Mark Kinion Ward 2 Council Member Mike Wiederkehr Ward 2 Council Member Sloan Scroggin Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Holly Hertzberg Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton City Council Agenda Session Tentative Agenda July 12, 2022 Zoom Information: Public Registration Link: https://us06web.zoom.us/webinar/register/WN_-t61 MK9URx6J89BX6Irv3g Webinar ID: 8271022 9384 iCall To Order /Roll Call ✓Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: 1. 2022-0616 ANNOUNCEMENT OF THE COMPLETION OF THE AUDITED 2021 ANNUAL COMPREHENSIVE FINANCIAL REPORT - PAUL BECKER / A. Consent: J A.1 2021-1054 APPROVAL OF THE JULY 5, 2022 CITY COUNCIL MEETING MINUTES A.2 2022-0510 WILSON BAUHAUS INTERIORS: A RESOLUTION TO APPROVE THE PURCHASE OF EQUIPMENT AND FURNISHINGS FOR THE NEW POLICE HEADQUARTERS BUILDING FROM WILSON BAUHAUS INTERIORS AND OTHER DEALERS, AS AUTHORIZED BY RESOLUTION 97-21, IN THE AMOUNT OF $965,009.91 PLUS ANY APPLICABLE TAXES AND SHIPPING CHARGES, AND TO APPROVE A BUDGET ADJUSTMENT City of Fayetteville, Arkansas Page 2 Printed on 7/12/2022 City Council Agenda Session Tentative Agenda July 12, 2022 A.3 2022-0579 ON POINT DUMPSTER RENTAL NWA, LLC: A RESOLUTION TO APPROVE AN AGREEMENT WITH ON POINT DUMPSTER RENTAL NWA, LLC FOR THE HAULING AND DISPOSAL OF SOLID WASTE IN THE CITY OF FAYETTEVILLE /A. 4 2022-0580 SPO NETWORKS, INC.: A RESOLUTION TO APPROVE AN AGREEMENT WITH SPO NETWORKS, INC. FOR THE HAULING AND DISPOSAL OF SOLID WASTE IN THE CITY OF FAYETTEVILLE �A.5 2022-0581 SWEETSER CONSTRUCTION, INC.: A RESOLUTION TO AWARD BID #22-34 AND AUTHORIZE A CONTRACT WITH SWEETSER CONSTRUCTION, INC. IN THE AMOUNT OF $362,283.00 FOR CONSTRUCTION OF THE WILSON PARK TRAIL BRIDGE REPLACEMENT AND PROMENADE IMPROVEMENTS, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $25,000.00, AND TO APPROVE A BUDGET ADJUSTMENT A.6 2022-0594 2022 CITY SALES AND USE TAX BONDS: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $75,513,868.00 TO APPROPRIATE PROCEEDS FROM THE 2022 CITY SALES AND USE TAX BONDS City of Fayetteville, Arkansas Page 3 Printed on 711212022 City Council Agenda Session Tentative Agenda July 12, 2022 ."/X.7 2022-0597 LANDSCAPE STRUCTURES, INC.: A RESOLUTION TO AUTHORIZE THE PURCHASE OF PLAYGROUND SAFETY SURFACING FROM LANDSCAPE STRUCTURES, INC. FOR INSTALLATION AT DAVID LASHLEY AND HOTZ PARKS IN THE AMOUNT OF $101,039.75 PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,000.00 ,,IA.8 2022-0598 ARKANSAS AIR AND MILITARY MUSEUM, INC.: A RESOLUTION TO APPROVE A THREE YEAR LEASE AGREEMENT WITH THE ARKANSAS AIR AND MILITARY MUSEUM, INC. FOR PROPERTY LOCATED AT DRAKE FIELD, WITH OPTIONS TO RENEW FOR ADDITIONAL THREE YEAR TERMS B. Public Hearing: B.1 2022-0556 PUBLIC HEARING ON THE PROPOSED ORDINANCE TO CHANGE OR ESTABLISH WATER AND SEWER RATES: A RESOLUTION TO CONDUCT A PUBLIC HEARING ON THE PROPOSED ORDINANCE TO CHANGE OR ESTABLISH WATER AND SEWER RATES C. Unfinished Business: City of Fayetteville, Arkansas Page 4 Printed on 711212022 City Council Agenda Session Tentative Agenda July 12, 2022 '/C.1 2022-0517 AN ORDINANCE TO AMEND §51.136 MONTHLY WATER RATES AND §51.137 MONTHLY SEWER RATES TO CHANGE WATER AND SEWER RATES: AN ORDINANCE TO AMEND §51.136 MONTHLY WATER RATES AND §51.137 MONTHLY SEWER RATES TO CHANGE WATER AND SEWER RATES AS RECOMMENDED BY THE COST OF SERVICE STUDY CONDUCTED BY BLACK & VEATCH This agenda item was tabled to the July 19, 2022 City Council Meeting. , C.2 2022-0496 RZN-2022-021 (S. HAPPY HOLLOW ROAD/BLACK PINE CONSTRUCTION AND DEVELOPMENT): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-021 LOCATED AT 248 SOUTH HAPPY HOLLOW ROAD IN WARD 1 FOR APPROXIMATELY 3.1 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION This agenda item was left on a first reading at the June 21, 2022 City Council Meeting. This agenda item was left on a second reading at the July 5, 2022 City Council Meeting. 1C.3 2022-0553 RZN 22-022 (3061 EAST SKILLERN RD./BEARDEN): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-022 LOCATED AT 3061 EAST SKILLERN ROAD IN WARD 3 FOR APPROXIMATELY 2.99 ACRES FROM R-A, RESIDENTIAL -AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE This agenda item was left on a first reading at the July 5, 2022 City Council Meeting. City of Fayetteville, Arkansas Page 5 Printed on 711212022 City Council Agenda Session Tentative Agenda July 12, 2022 /C.4 2022-0512 VAC 22-015 (2584 N. CANDLEWOOD DR./HARBAUGH): AN ORDINANCE TO APPROVE VAC 22-015 FOR PROPERTY LOCATED AT 2584 NORTH CANDLEWOOD DRIVE IN WARD 3 TO VACATE A PORTION OF A DRAINAGE EASEMENT This agenda item was left on a first reading at the July 5, 2022 City Council Meeting, JD. New Business: iDA 2022-0592 RZN 22-024 (502 S. COLLEGE AVE./DAVIS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-024 LOCATED AT 502 SOUTH COLLEGE AVENUE IN WARD 1 FOR APPROXIMATELY 0.28 ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN YD.2 2022-0593 RZN 22-026 (2015 S. VALE AVE./TITAN VALE, LLC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-026 LOCATED AT 2015 SOUTH VALE AVENUE IN WARD 1 FOR APPROXIMATELY 3.50 ACRES FROM NS-G, NEIGHBORHOOD SERVICES -GENERAL TO CS, COMMUNITY SERVICES ,411).3 2022-0595 RZN 22-025 (507 S. CHURCH AVE.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-025 LOCATED AT 507 SOUTH CHURCH AVENUE IN WARD 1 FOR APPROXIMATELY 0.17 ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN City of Fayetteville, Arkansas Page 6 Printed on 7112/2022 City Council Agenda Session .Tentative Agenda July 12, 2022 � /� V '. Proposed Agenda Additions: a-� OR 1 2022-0618 AMEND §92.04 SALE OF DISEASED ANIMALS; KENNEL AND PET SHOP REGULATION: AN ORDINANCE TO AMEND § 92.04 SALE OF DISEASED ANIMALS; KENNEL AND PET SHOP REGULATION TO PROHIBIT THE RETAIL SALE OF DOGS, CATS, PUPPIES, AND KITTENS UNLESS OBTAINED FROM AND IN COOPERATION WITH THE FAYETTEVILLE ANIMAL SHELTER OR ANOTHER ANIMAL RESCUE ORGANIZATION, AND TO DECLARE AN EMERGENCY V E. City Council Agenda Session Presentations: /E.1 2022-0509 AGENDA SESSION PRESENTATION - ECONOMIC VITALITY CONTRACT SERVICES SEMI-ANNUAL UPDATE, DEVIN HOWLAND F. City Council Tour: G. Announcements: H. Adjournment City of Fayetteville, Arkansas Page 7 Printed on 7/1 2022 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, July 12, 2022 4:30 PM City Hall Room 219 City Council Members Council Member Sonia Harvey Ward 1 Council Member D'Andre Jones Ward I Council Member Mark Kinion Ward 2 Council Member Mike Wiederkehr Ward 2 Council Member Sloan Scroggin Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Holly Hertzberg Ward 4 Mayor Lion eld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton City Council Agenda Session Tentative Agenda July 12, 2022 Zoom Information: Public Registration Link: https://us06web.zoom. us/webinar/register/WN_-t61 MK9URx6J89BX6Irv3g Webinar ID: 827 1022 9384 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: AU n A�ltidi 2v21 ��a a � +h�. �, lei Il?.h o � � Proposed Agenda Additions of e, `- �'� r i n&na Rd..pW - p �C A. Consent: A.1 2021-1054 APPROVAL OF THE JULY 5, 2022 CITY COUNCIL MEETING MINUTES V/a.2 2022-0510 WILSON BAUHAUS INTERIORS: A RESOLUTION TO APPROVE THE PURCHASE OF EQUIPMENT AND FURNISHINGS FOR THE NEW POLICE HEADQUARTERS BUILDING FROM WILSON BAUHAUS INTERIORS AND OTHER DEALERS, AS AUTHORIZED BY RESOLUTION 97-21, IN THE AMOUNT OF $965,009.91 PLUS ANY APPLICABLE TAXES AND SHIPPING CHARGES, AND TO APPROVE A BUDGET ADJUSTMENT Mike Reynolds City of Fayetteville, Arkansas Page 2 Printed on 7/6/2022 City Council Agenda Session Tentative Agenda July 12, 2022 A.3 2022-0579 ON POINT DUMPSTER RENTAL NWA, LLC: A RESOLUTION TO APPROVE AN AGREEMENT WITH ON POINT DUMPSTER RENTAL NWA, LLC FOR THE HAULING AND DISPOSAL OF SOLID WASTE IN THE CITY OF FAYETTEVILLE Peter Nierengarten A.4 2022-0580 SPO NETWORKS, INC.: A RESOLUTION TO APPROVE AN AGREEMENT WITH SPO NETWORKS, INC. FOR THE HAULING AND DISPOSAL OF SOLID WASTE IN THE CITY OF FAYETTEVILLE Peter Nierengarten / A.5 2022-0581 SWEETSER CONSTRUCTION, INC.: A RESOLUTION TO AWARD BID #22-34 AND AUTHORIZE A CONTRACT WITH SWEETSER CONSTRUCTION, INC. IN THE AMOUNT OF $362,283.00 FOR CONSTRUCTION OF THE WILSON PARK TRAIL BRIDGE REPLACEMENT AND PROMENADE IMPROVEMENTS, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $25,000.00, AND TO APPROVE A BUDGET ADJUSTMENT Ted Jack VIA.6 2022-0594 2022 CITY SALES AND USE TAX BONDS: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $75,513,868.00 TO APPROPRIATE PROCEEDS FROM THE 2022 CITY SALES AND USE TAX BONDS Paul Becker City of Fayetteville, Arkansas Page 3 Printed on 71612022 City Council Agenda Session Tentative Agenda July 12, 2022 / A.7 2022-0597 LANDSCAPE STRUCTURES, INC.: A RESOLUTION TO AUTHORIZE THE PURCHASE OF PLAYGROUND SAFETY SURFACING FROM LANDSCAPE STRUCTURES, INC. FOR INSTALLATION AT DAVID LASHLEY AND HOTZ PARKS IN THE AMOUNT OF $101,039.75 PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,000.00 Byron Humphry A.8 2022-0598 ARKANSAS AIR AND MILITARY MUSEUM, INC.: A RESOLUTION TO APPROVE A THREE YEAR LEASE AGREEMENT WITH THE ARKANSAS AIR AND MILITARY MUSEUM, INC. FOR PROPERTY LOCATED AT DRAKE FIELD, WITH OPTIONS TO RENEW FOR ADDITIONAL THREE YEAR TERMS 40f,eA g'A'6 e.V` err�ulley B. Public Hearing: B.1 2022-0556 PUBLIC HEARING ON THE PROPOSED ORDINANCE TO CHANGE OR ESTABLISH WATER AND SEWER RATES: A RESOLUTION TO CONDUCT A PUBLIC HEARING ON THE PROPOSED ORDINANCE TO CHANGE OR ESTABLISH WATER AND SEWER RATES Kit>''Tlliams ? I e)a*4 y I 'T 1 m A f� 4r C. Unfinished Business: City of Fayetteville, Arkansas Page 4 Printed on 7/6/2022 City Council Agenda Session Tentative Agenda July 12, 2022 CA 2022-0517 �AN ORDINANCE TO AMEND §51.136 MONTHLY WATER RATES AND §51.137 MONTHLY SEWER RATES TO CHANGE WATER AND SEWER RATE)AS �%�rSu�Sart RECOMMENDED BY THE COST OF SERVICE STUDY CONDUCTED BY BLACK & VEATCH Kit Williams This agenda item was tabled to the July 19, 2022 City Council Meeting. / C.2 2022-0496 RZN-2022-021 (S. HAPPY HOLLOW ROAD/BLACK PINE CONSTRUCTION AND DEVELOPMENT): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-021 LOCATED AT 248 SOUTH HAPPY HOLLOW ROAD IN WARD 1 FOR APPROXIMATELY 3.1 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION Jonathan Curth This agenda item was left on a first reading at the June 21, 2022 City Council Meeting. This agenda item was left on a second reading at the July 5, 2022 City Council Meeting. V/ C.3 2022-0553 RZN 22-022 (3061 EAST SKILLERN RD./BEARDEN): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-022 LOCATED AT 3061 EAST SKILLERN ROAD IN WARD 3 FOR APPROXIMATELY 2.99 ACRES FROM R-A, RESIDENTIAL -AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE Jonathan Curth This agenda item was left on a first reading at the July 5, 2022 City Council Meeting. City of Fayetteville, Arkansas Page 5 Printed on 7/6/2022 V City Council Agenda Session Tentative Agenda July 12, 2022 CA 2022-0512 VAC 22-015 (2584 N. CANDLEWOOD DR./HARBAUGH): AN ORDINANCE TO APPROVE VAC 22-015 FOR PROPERTY LOCATED AT 2584 NORTH CANDLEWOOD DRIVE IN WARD 3 TO VACATE A PORTION OF A DRAINAGE EASEMENT Jonathan Curth This agenda item was left on a first reading at the July 5, 2022 City Council Meeting. D. New Business: D.1 2022-0592 V/ RZN 22-024 (502 S. COLLEGE AVE./DAVIS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-024 LOCATED AT 502 SOUTH COLLEGE AVENUE IN WARD I FOR APPROXIMATELY 0.28 ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN Jonathan Curth D.2 2022-0593 RZN 22-026 (2015 S. VALE AVE./TITAN VALE, LLC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-026 LOCATED AT 2015 SOUTH VALE AVENUE IN WARD 1 FOR APPROXIMATELY 3.50 ACRES FROM NS-G, NEIGHBORHOOD SERVICES -GENERAL TO CS, COMMUNITY SERVICES Jonathan Curth City of Fayetteville, Arkansas Page 6 Printed on 7/6/2022 City Council Agenda Session Tentative Agenda July 12, 2022 D.3 2022-0595 %RZN 22-025 (507 S. CHURCH AVE.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-025 LOCATED AT 507 SOUTH CHURCH AVENUE IN WARD 1 FOR APPROXIMATELY 0.17 ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN Jonathan Curth E. City Council Agenda Session Presentations: f E.1 2022-0509 AGENDA SESSION PRESENTATION - ECONOMIC VITALITY CONTRACT SERVICES SEMI-ANNUAL UPDATE, DEVIN HOWLAND Devin Howland F. City Council Tour: G. Announcements: H. Adjournment City of Fayetteville, Arkansas Page 7 Printed on 7/6/2022 wr� DEPARTMENTAL CORRESPONDENCEj. OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney Blake Pennington TO: Mayor Jordan Assistant City Attorney Jodi Batker THRU: Kara Paxton, City Clerk Paralegal FROM: Kit Williams, City Attorney �C DATE: July 20, 2022 RE: Ordinances and Resolutions prepared by the City Attorney's Office and passed at the City Council meeting of July 19, 2022 1. A RESOLUTION TO APPROVE THE PURCHASE OF EQUIPMENT AND FURNISHINGS FOR THE NEW POLICE HEADQUARTERS BUILDING FROM WILSON BAUHAUS INTERIORS AND OTHER DEALERS, AS AUTHORIZED BY RESOLUTION 97-21, IN THE AMOUNT OF $965,009.91 PLUS ANY APPLICABLE TAXES AND SHIPPING CHARGES, AND TO APPROVE A BUDGET ADJUSTMENT 2. A RESOLUTION TO APPROVE AN AGREEMENT WITH ON POINT DUMPSTER RENTAL NWA, LLC FOR THE HAULING AND DISPOSAL OF SOLID WASTE IN THE CITY OF FAYETTEVILLE 3. A RESOLUTION TO APPROVE AN AGREEMENT WITH SPO NETWORKS, INC. FOR THE HAULING AND DISPOSAL OF SOLID WASTE IN THE CITY OF FAYETTEVILLE 4. A RESOLUTION TO AWARD BID 422-34 AND AUTHORIZE A CONTRACT WITH SWEETSER CONSTRUCTION, INC. IN THE AMOUNT OF $362,283.00 FOR CONSTRUCTION OF THE WILSON PARK TRAIL BRIDGE REPLACEMENT AND PROMENADE IMPROVEMENTS, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $25,000.00, AND TO APPROVE A BUDGET ADJUSTMENT 5. A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $75,513,868.00 TO APPROPRIATE PROCEEDS FROM THE 2022 CITY SALES AND USE TAX BONDS 6. A RESOLUTION TO AUTHORIZE THE PURCHASE OF PLAYGROUND SAFETY SURFACING FROM LANDSCAPE STRUCTURES, INC. FOR INSTALLATION AT DAVID LASHLEY AND HOTZ PARKS IN THE AMOUNT OF $101,039.75 PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,000.00 7. A RESOLUTION TO APPROVE A THREE YEAR LEASE AGREEMENT WITH THE ARKANSAS AIR AND MILITARY MUSEUM, INC. FOR PROPERTY LOCATED AT DRAKE FIELD, WITH OPTIONS TO RENEW FOR ADDITIONAL THREE YEAR TERMS 8. A RESOLUTION TO CONDUCT A PUBLIC HEARING ON THE PROPOSED ORDINANCE TO CHANGE OR ESTABLISH WATER AND SEWER RATES 9. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-021 LOCATED AT 248 SOUTH HAPPY HOLLOW ROAD IN WARD 1 FOR APPROXIMATELY 3.1 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION 10. AN ORDINANCE TO APPROVE VAC 22-015 FOR PROPERTY LOCATED AT 2584 NORTH CANDLEWOOD DRIVE IN WARD 3 TO VACATE A PORTION OF A DRAINAGE EASEMENT 11. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-024 LOCATED AT 502 SOUTH COLLEGE AVENUE IN WARD I FOR APPROXIMATELY 0.28 ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN 12. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-026 LOCATED AT 2015 SOUTH VALE AVENUE IN WARD 1 FOR APPROXIMATELY 3.50 ACRES FROM NS-G, NEIGHBORHOOD SERVICES - GENERAL TO CS, COMMUNITY SERVICES 13. AN ORDINANCE TO AMEND § 92.04 SALE OF DISEASED ANIMALS; KENNEL AND PET SHOP REGULATION TO PROHIBIT THE RETAIL SALE OF DOGS, CATS, PUPPIES, AND KITTENS UNLESS OBTAINED FROM AND IN COOPERATION WITH THE FAYETTEVILLE ANIMAL SHELTER OR ANOTHER ANIMAL RESCUE ORGANIZATION Fayettevi I I e Water & Sewer Rate Study July 19, 2022 Anna White Principal Consultant 1 0 BLACK&VEATCH Overview of Rate Study Process 440 Revenue Requirements Cost of Service •�• Rate Design Revenue Adequacy Customer Class Equity Cost Recovery & Bill Impact Black & Veatch Industry Accepted Methodologies Guidelines for Wastewater Cost of Service and Rate Making Guidelines for Water Cost of Service and Rate Making -= Financing and Chopues for wasewatep Systems W+nM �T Fi4pL+.77:W I Principles of Water Rates, P, Ff Black & Veatch The Importance of "Cost of Service" Rates 1. Cost of Service Rate Design Recognizes differences between customer classes Provides a fair distribution of costs to each customer class in proportion to the service demands of each class Results in cost -based rates that generate revenue from each customer class in proportion to the cost to serve each customer class Timely cost of service studies are essential for alignment among: Utility Costs, Customer Service Demands, Practical Rates, and Bill Impacts Black & Veatch Fayetteville's Current Context Revenue Across -the -Board increases for Passage of Time Implications: Requirements last 11 years ➢Customer characteristics have changed Cost of Service Last COS review study was 14 ➢ Cost allocations across O&M years ago functions and assets have changed ➢ Existing rates do not reflect Capital program has changed DesignRate ➢ cost of service Existing rates not in alignment with current Cost of Service Black & Veatch Cost of Service Analysis IBlack Veatch "Return on Investment" — Why? The City bears the risks and responsibilities of owning the utility: ✓ Ownership Risk — City is ultimately responsible for paying all operating costs and capital costs and maintaining regulatory compliance and owns the risk of liability and penalties. ✓ Financial Risk — City must invest in assets outside the service area which requires a significant investment of funds, may result in stranded investment. ✓ Opportunity Risk — Funds that are committed to investments pose working capital and opportunity costs for the City's customers. "Return on Investment" is an industry accepted method to recognize the economic risks and opportunity cost in serving Outside City customers Black & Veatch "Return on Investment"" — Steps Determine the Rate of Return using the Weighted Average Cost of Capital (WACC) Determine the total System Return Allocate return to Inside and Outside City customers Black & Veatch Step 1— Determine Rate of Return (%) Weighted Average Cost of Capital (WACC) Water: Long -Term Debt' $0 0% 4.00% Common Equity2 $103,987,500 100% 4.00% Total Cost of Capital $103,987,500 100% Risk Premium Calculated Outside Rate of Return ' Based on actual cost of any debt capital outstanding orto be issued in the near future 2 Long-term US Treasury Bond Yield Wastewater: 0.00% 4.00% 4.00% 3.00% 7.00% Long -Term Debt' $0 0% 4.00% 0.00% Common Equity2 $199,995,800 100% 4.00% 4.00% Total Cost of Capital $199,995,800 100% 4.00% Contract Customer Risk Premium 1.50% Calculated Outside Rate of Return 5.50% ' Based on actual cost of any debt capital outstanding orto be issued in the near future 2 Long-term US Treasury Bond Yield Black& Veatch Step 2 — Determine Total System Return ($) O&M, $17,791,700 Water Utility Return, $1,476,000 Capital, $4,296,100 Depreciation, $2,820,100 O&M, $17,: Wastewater Utility The return on investment applies to Capital Costs only, not operations & maintenance. Depreciation, clQ -)r-a r-nn (Return, $132,600 Black & Veatch Step 2 — Total System Return Cost Determination Approaches — Water Utility CASH BASIS I— — — — — — — — — — — — — — -- Debt Principal I Cash I I Financing of I IDebt Interest �--------------- .. I em �j q UTILITY BASIS $17,791,700 Operation & Maint- - ------------- $0 $4,296,100 $0 $17,791,700 $218201100 $1,476,000 ------------------- $22,087,800 • [$22,087,800 = Capital Related Costs * Return = Total Capital Costs less Depreciation Black & Veatch Step 2 — Total System Return Cost Determination Approaches — Wastewater Utility CASH BASIS I— — — — — — — — — — — — — — -- Debt Principal I Cash I I Financing of I IDebt Interest �--------------- •. I em �j q UTILITY BASIS $17,346,000 Operation & Maint- - ----------- $0 $8,392,200 $o $17,346,000 $812591600 $132,600 ------------------- $25,738,200 • [$25,738,200 = Capital Related Costs * Return = Total Capital Costs less Depreciation Black & Veatch Step 3 — Allocate Total System Return ($) x Outside City Rate Outside City of Return % x Units x Inside City Rate of Return % x Inside City Units = Outside City Return $ Inside City Return $ Black & Veatch Allocation of System Return -Water Water Utility 0&M, $17,791, j Outside City Return, 53,600 Inside City Return, $412,400 Inside City return = Total system return less Outside City return Black & Veatch Allocation of System Return - Wastewater Wastewater Utility Depreciation, O&M, $17,346,000 Outside City Return, $914,781 le City Return, ,(782,136) Inside City return = Total system return less Outside City return Black & Veatch "Return on Investment" — Summary The return component is intended to provide a "reasonable return" for the equity capital used to finance the facilities used to provide water and sewer services. The Weighted Average Cost of Capital (WACC) analysis is the generally accepted method and serves as guideline for determining the rate of return for Outside City customers. City policies, existing contracts, and impacts on customers are typically considered in ultimately finalizing cost of service and customer rates. Black & Veatch Water & Sewer Rate Structure Black & Veatch FIXED BASE CHARGE $/MONTH WATER INSIDE PROPOSED CHANGE EXISTING OUTSIDE P' • • • Meter SizeEXISTING 5/8" 3/4" 6.59 6.59 0.0% 7.54 7.54 0.0% 6.59 6.59 0.0% 7.54 7.54 0.0% 1" 9.14 9.14 0.0% 10.52 12.26 16.5% 1.5" 15.93 15.93 0.0% 18.31 24.22 32.3% 2" 23.20 23.20 0.0% 26.66 33.52 25.7% 3" 54.05 54.05 0.0% 62.18 69.84 12.3% 4" 89.50 89.50 0.0% 102.93 102.93 0.0% 6" 178.99 178.99 0.0% 205.82 205.82 0.0% 8" • 0ii GALLONS First 2,000 g 7an 268.41 268.41 0.0% 308.67 308.67 0.0% AVG 0.0% 3.51 3.30 -6.0% AVG 4.04 4.47 9.7% 10.6% Next 13,000 g 4.64 4.37 -5.8% 5.34 5.91 10.7% All over 15,000 gallons 6.59 6.20 -5.9% 7.54 8.38 11.1% Non -Residential First 300,000 gallons 3.79 AVG 3.93 -5.9% 3.7% 4.38 AVG 5.05 10.8% 15.3% All over 300,000 gallons 3.38 3.93 16.3% 3.90 5.05 29.5% Major Industrial All Usage First 300,000 gallons 2.96 5.04 AVG 3.14 4.29 10.0% 6.1% -14.9% 3.20 5.80 AVG 3.49 5.43 22.4% 9.1% -6.4% All over 300,000 gallons 4.53 4.29 -5.3% 5.22 5.43 4.0% WholesaleEr Reduced Peak Demand Peak Demand AVG -10.1% 2.87 3.20 AVG 3.16 3.16 -1.2% 10.1% -1.3% AVG 4.4% Proposed Water Rate Schedule Effective January 1, 2023 :h Proposed Sewer Rate Schedule FIXED BASE ..GE $/MONTH SEWER INSIDEOUTSIDE .. . ML .1, 5/8" EXISTING PROPOSED CHANGE EXISTING PROPOSED CHANGE EXISTING PROPOSED 18.28 18.28 0.0% 18.28 18.28 0.0% 16.74 25.10 49.9% 3/4" 18.28 18.28 0.0% 18.28 18.28 0.0% 16.74 25.10 49.9% 1" 23.74 23.74 0.0% 33.92 33.92 0.0% 31.28 52.62 68.2% 1.5" 38.77 38.77 0.0% 60.37 66.73 10.5% 55.50 109.78 97.8% 2" 55.43 55.43 0.0% 79.73 93.11 16.8% 73.45 154.24 110.0% 3" 128.73 128.73 0.0% 184.24 196.10 6.4% 169.29 327.83 93.6% 4" 212.13 212.13 0.0% 303.44 303.44 0.0% 278.93 482.37 72.9% 6" 8" QUANTITY CHARGE0•0 GALLONS � Residential First 2,000 Gallons 420.39 420.39 0.0% 601.46 601.46 0.0% 553.70 897.30 62.1% 628.73 628.73 0.0% 899.76 899.76 0.0% 826.81 998.92 20.8% AVG 0.0% 4.35 3.39 -22.1% AVG 3.8% 8.18 8.55 4.5% AVG 7.52 8.27 69.5% 10.0% All over 2,000 Gallons 5.80 4.52 -22.1% 8.18 8.55 4.5% 7.52 8.27 10.0% Non -Resident All Usage ajor Industrial All Usage Wholesa Reduced Peak Demand 4.40 4.71 AVG 5.10 5.71 -22.1% 15.9% 21.2% 8.18 8.18 5.19 AVG 8.55 8.55 7.20 4.5% 4.5% 4.5% 38.7% 7.52 7.52 AVG 8.27 8.27 10.0% 10.0% 10.0% Peak Demand 2.71 7.20 165.7% AVG 102.2% Effective January 112023 :h Discussion. Thank You Contact Us +1 913 458 2000 info@bv.com 6. 9-09\-a- O5r2b add&�� 777�- qrIa(aa Sewer treatment payments made to Fayettevile Month 2021 2022 Jan $ 31,753.01 Feb $ 43,325.35 $ 40,482.00 March $ 26,882.86 $ 51,338.44 April $ 35,853.55 $ 64,849.05 May $ 50,925.67 $ 52,926.58 June $ 69,392.74 $ 101,010.38 July $ 62,692.06 August $ 49,109.76 Sept $ 30,212.78 Oct $ 16,421.33 Nov $ 13,901.33 Dec $ 38,006.64 $ 436,724.07 $ 342,359.46 Combined 2023 Bill Impact Fayetteville vs. West Fork Fayetteville West Fork Proposed Monthly Fayetteville West Fork Proposed Rate 10% Water, Usage Exisitng Rate Existing Rate Rate 38% Sewer 500 $ 32.01 $ 63.49 $ 28.22 $ 93.97 2000 $ 39.87 $ 63.49 $ 38.25 $ 93.97 4000 $ 60.77 $ 112.69 $ 53.57 $ 166.78 8000 $ 102.57 $ 208.18 $ 84.21 $ 308.11 10,000 $ 123.47 $ 255.44 $ 99.53 $ 378.05 15,000 $ 175.72 $ 373.59 $ 137.83 $ 552.91 Fayetteville West Fork Increase/Decrease Increase/Decrease $ (3.79) $ 30.48 $ (1.62) $ 30.48 $ (7.20) $ 54.09 $ (18.36) $ 99.93 $ (23.94) $ 122.61 $ (37.89) $ 179.32 West Fork > Fayetteville $ 65.75 $ 55.72 $ 113.21 $ 223.90 $ 278.52 $ 415.08 UOrcL,-i U.:W PWvr rcuanu i uWv---iy wi-w -. -y , ......... ...._. ob citcfWEATHER ALERT 1 MORE ALERTS Excessive Heat Warning: Crawford County, Franklin County, McDonald County, Sebastian County, Sequoyah County by: I.a I_r�n f{rztl� Posl ffl: fill 1-4, 2019 / 11:07 PM CDT UPclal:r_d:-ju1 i:7, -1019 / 10:35 AM CDT SHARE 0 V & ••• https://www.nwahomepage.com/knwa/petland-rogers-causing-controversy/ 1 /12 I /OILG� IV.;." rim . .r ROGERS, Ark. (KNWA) — A pet retailer opening soon in Northwest Arkansas is causing some controversy. According to the Rogers - Lowell Area Chamber of Commerce, Petland Rogers is coming soon to the Promenade. Several people took to Facebook sharing their concerns and frustrations over the welfare of the animals that will be up for sale. ADVERTISING A local veterinary technician said Petland coming to the area is very upsetting especially with people not doing research before getting a breed dog. "It makes me mad because like I said most of the public does not know what to look for in a puppy or a breeder so they think getting it from a pet store is a safe place to get it from when it is not," Vet Tech Janet Starling said. Petland claims they do not source from puppy mills and obtain puppies from United States Department of Agriculture (USDA) licenses and inspected breeders with clean records. However, a report from the Humane Society of the United States in 2009 revealed that almost every Petland store in the country is buying puppies from people who deal with puppy mills and some are continuing to buy directly from puppy mills. Others who disagree with Starling took to Facebook, "Not all breeding is evil and people need to check things out before rushing to judgment." KNWA News reached out to Petland Rogers for a comment but didn't hear back by the time this post. https://www.nwahomepage.com/knwe/petiand-rogers-causing-controversy/ 2/12 •�� • •••• — va-v—1 —11. -1 j=L MUIV I Morn rvncY WEATHER ALERT ' 1 MORE ALERTS Excessive Heat Warning: Crawford County, Franklin County, McDonald County, Sebastian County, Sequoyah County 9V A C110SI-1It 1100 i :X CLOSER LOOK: Animal Control disco uratres. puppies from pet store bv: Hicham—Raa�he Pasted: Jul 15, 2019 / 05:39 PM CDT Updated jul 15, 2Q.19 / 06:12 PM CDT SHARE 10 Q ••- hilps:llwww.nwaliomepage,carTiliiewsfa•rloser-lookla-closer-look-animal-canlrol-discourages•buying-puppies-from-pet•sLorel 1114 �..n� . w...v .�.v. — vw 1 uuyiny MuNNioa If VIII NML owia I MIN VVMI v^e_-t "We don't need a store that sells puppies," said Cpl. Lori Hodges, Washington County's animal control supervisor. "The puppies, like the ones at the pet store in Rogers, people think, `Oh, they're so cute,' but people don't realize where [the puppies] are coming from." Petland Rogers will soon open up at the Pinnacle Hills Promenade in Rogers. Petland has come under some fire on Facebook by people concerned about where the company acquires their puppies from. Petland has claimed in the past that the puppies they sell are purchased from United States Department of Agriculture -licensed breeders. However, a Humane Society of the United States report states almost every Petland store in the country either buys puppies directly from puppy mills or from people who deal with puppy mills. "America's largest chain of puppy -selling pet stores, Petland Inc., is also the nation's largest retail supporter of puppy mills," The Humane Society's investigation summary states. The Humane Society's blog described a wide array of deficiencies in how Petland cares for the puppies they sell. The blog reported numerous instances of puppies being sick at Petland stores. Petland representatives issued a statement regarding the Humane Society's report on Petland practices. Here is a part of what they said: hitps://www.nwahomepage.wmInewsla-closer-lookla-closer-look-animal-control-dlscourages-buying-puppies-from-pet-store/ 2/14 r r—&c . —.JJ IIIVI n k..wacR wvn. rnnnei L.unuui uiswurayes uuyiny puppies irorn pen wore t rm-mm rvnc4 animals that could be helped if they spent just a quarter of the energy and money they use targeting regulated sources of pets and instead, focused on true animal welfare." Hodges said while licensed breeders are more legitimate than puppy mills, acquiring pets from either is problematic. "A puppy mill is basically a slang word for what we call breeders," Hodges said. "There are two types of breeders. You have breeders who go through a broker who sells to pet stores and then you have breeders who just breed because they can." Hodges shut down a puppy mill located in the area where Lincoln city limits meets Washington County in early 2018. The woman who ran the puppy mill was arrested on dozens of animal cruelty counts. "She was a puppy milt back yard breeder," Hodges said. "She didn't use a broker. She didn't vaccinate her dogs. She did not care if the dogs were sick or unhealthy. She was the typical puppy milt breeder who did it for whatever money she could get off the pups." Hodges searched the puppy mill and found around 76 puppies — Yorkshire Terriers and other small breeds — living in miserable conditions. She also found the remains of what was determined to be eight dead dogs. RELATED CONTENT I Petland Rogers causing controversy "The ones inside were in crates that were very small. The house smelled horrific. There were maggots in their food. There was [feces] and [urine] in their water. [Their cages] were stacked on top of each other. The dogs on top would [urinate] and [defecate] on the dogs beneath them," Hodges said. More legitimate breeders breed puppies and sell them to brokers. Brokers sell the puppies to pet stores such as Petland. "The ones who use a broker are inspected by the USDA, because brokers don't want dogs that com,o https;llwww.nwahomepage.cominewsla-closer-lookla-closer-lock-animal-control-discourages-buying-puppies-from-pat-stare! 3/14 r rvr� r rv..... .--..v. r. vwvu� wvr.. ru uniar vvrru �r uwwwcw— uuyu iy Mu}+fnw nvIn Nca awrc I r%iwvn r W^cl The first legitimate breeder Hodges met in Washington County had 450 dogs. She said the breeders were a husband and wife team who employed a couple of workers. The kennels were kept clean, all the dogs were vaccinated and measures were taken to prevent the puppies and their mothers from contracting diseases. "I'm not an advocate for puppy mills. I'm not an advocate for breeders, especially when you have that many dogs. But I inspected it on several occasions and they were not breaking any laws," Hodges said. Puppies bred by legitimate breeders do not suffer in miserable conditions, but many of them are killed, though humanely, because they're not profitable, according to Hodges. Breeders show litters of puppies to brokers. The brokers purchase the puppies they think they can sell to pet stores, Hodges said. "Those other [puppies in the litter] are automatically euthanized. The breeder doesn't need them for stock. Either way a dog is euthanized," Hodges said. Hodges said the puppies places like Petland sell come from breeders who treat puppies like for -profit products. "if a breeder has a dog that has health issues or something happens and they need to see a vet, they're not going to take them to a vet. They're going to euthanize them because it's cheaper to euthanize than to treat," Hodges said. While it's not illegal to breed dogs for profit in Arkansas, the state's laws are behind the times when it comes to animal treatment and business practices involving animals, Hodges said. "We don't need a store that sells puppies," Hodges said. "They're just advocating forthe type of business that Arkansas needs to change." Hodges said she believes that community members looking to buy a puppy from a chain such as Pettand should instead find a dog at their local humane society. "I don't see paying $600 to $1,200 to $1,500 for a dog when you can go to a shelter and find one for much less that needs a home," she said. htfps:llwww.nwahomepage.00nilnewsla-closer-lookla-closer-look-animal-control-dlsc:ourages-buying-puppies-from-pet-store) 4/14 "We -have full time puppy care technicians whose only job is to care for the puppies under the direction of our veterinarian while waiting their forever family. Please know we will Always visit our breeders and hold them to the highest standard. There is nothing more important than the health and happiness of all of our pets." Copyright 2022 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. AROUND THE WEB Arkansas Will Cover Homeowner Cost to Install Solar and Battery Backup if You Liv Sunnyside Do You Know What Plaque Psoriasis Is? (Take a Look) Sinart Lifestyle Trends Born Before 1983? Claim This Benefit Before It's Gone MoneyGurus Easily Missed Signs of Plaque Psoriasis Searcli Plaque Psoriasis AOL The Secret Revealed: Why All Hummingbirds Go To My Neighbor's Garden Hummingbird Feeder 20 of the Coolest Defunct Auto Manufacturers Brake For It https://www.nwahomepage.com/news/a-closer-lookla-closer-look-animal-control-discourages-buying-puppies-from-pet-store/ 5/14 K9/22,12:J7 PM Mail - Petland Fayetteville - Outlook Fwd: [EXTERNAL] Re: Tomorrow might be better! Petland Rogers <admin@petlandrogers.com> Tue 7/19/2022 12:14 PM To: Petland Fayetteville <admin@petlandfayetteville.com> 2 attachments (1 MB) COVID Letter to Legislators.pdf, 2020-03-17 Open Letter to Government Officials on Coronavirus and Pet Supplies.pdf, Team Petland Rogers From: Petland Rogers <admin@petlandrogers.com> Sent: Wednesday, March 18, 2020 4:22:31 PM To: Weiss, Jamie <JWeiss@hearst.com> Subject: Re: [EXTERNAL] Re: Tomorrow might be better! Attached. Thanks Team Petland Rogers at Pinnacle Hills Promenade From: Weiss, Jamie <JWeiss@hearst.com> Sent: Wednesday, March 18, 2020 4:09 PM To: Petland Rogers <admin@petlandrogers.com> Subject: Re: [EXTERNAL] Re: Tomorrow might be better! Hi Sam, Thank you for the heads up! I'll look for that information now. Was it sent to our newsroom or to me specifically? Hope you're doing well! Jamie Weiss Anchor/Reporter, 40/29 News Cell: 479-256-0649 Email: jweiss@hearst.com Facebook: facebook.com/4029jamieweiss On Mar 18, 2020, at 4:04 PM, Petland Rogers <admin@petlandrogers.com> wrote: https.//outlook.office.com/mail/deeplink?Print 1 /4 7119/22,-12'37 PM Mail - Petland Fayetteville - Outlook Hey Jamie! It's Sam from Petland. I'm emailing you over some info regarding Petland and Covid-19. You may find it useful. Let me know if you have any questions. I hope your Spring is treating you well! Sam Get From: Weiss, Jamie <JWeiss@hearst.com> Sent: Saturday, December 21, 2019 6:35:24 PM To: Petland Rogers <admin@petlandr Subject: RE: Tomar a er! and -Ryan, �� I wanted to let you know after having a long discussion with our management, we have decided to air any story tonight. We don't want to report on any unsubstantiated claims and I want you to know how much it means to me that you shared your story with us on camera. I do want to pursue another story with y'all in the future, but for tonight, we will not be running anything from either side. an derstan i Christmas! <image001.p From: Petland Rogers <admin@petlandrogers.com> Sent: Friday, December 20, 2019 11:39 PM To: Weiss, Jamie <JWeiss@hearst.com> Subject: Re: Tomorrow might be better! Thank you Jamie. I look forward to seeing the piece. Hopefully it leans towards us doing a great job vs the untruths shared against us. Thanks for thanking the time. We are encouraged you will do us justice. Sam & Ryan Team Petland Rogers From: Weiss, Jamie <JWeisstphearst.com> Sent: Friday, December 20, 201911:34:28 PM To: Petland Rogers <admin _petlandrogers.com> Subject: Re: Tomorrow might be better! Sam, Thank you again for taking the time to chat with me tonight and share your story. I'm so sorry I was a little distracted when I came by - when breaking news calls I'm expected to drop everything and go. https://outlook.offiice-com/mail/deeplink?Print 2/4 7/19/221-42:37 PM Mail - Petland Fayetteville - Outlook I hope you know it was just as important for me to talk with you and hear you out as you were eager to share your story. I do my best to make sure anything we air is factual and unbiased, and I hope I can do your story justice. The piece will air Saturday at 9pm on the Arkansas cw and 10 on abc 4029, but I'll of course share the web link once it's available. Have a great weekend! Jamie Weiss Anchor/Reporter, 40/29 News Cell: 479-256-0649 Email: jweissCc hearst.com Facebook: facebook.com/4029jamieweiss On Dec 20, 2019, at 1:25 PM, Weiss, Jamie <JWeiss hearst.com> wrote: Hi Samantha! We'll see you at 4 p.m. I'm on my way to breaking news, but I'm sending a photographer with questions in case I can't make it so we can get your side of the story. The interview will air tomorrow. Thank you again for your transparency and willingness to chat with us on camera. I greatly appreciate it. From: Petland Rogers <admin -petlandroger .com> Sent: Thursday, December 19, 2019 3:21 PM To: Weiss, Jamie <JWeiss hearst.com> Subject: Re: Tomorrow might be better! That's what I want to talk about. I want to meet you and show you around and then we can take it from there. How about 4? Get Outlook for iOS From: Weiss, Jamie <11y&iss@hearst.cr�m> Sent: Thursday, December 19, 2019 3:19:04 PM To: Petland Rogers <admin -petlandrogers.com> Subject: RE: Tomorrow might be better! All good — it's been a crazy day for me as well. I've got an appointment from 8:30a to 9:30a and get into work at 1:30p. Would you be open to us coming by tomorrow afternoon for an on camera interview? The biggest thing I want to talk about is just hearing your side of the story, especially given some of the comments made online. From: Petland Rogers <admin@petlandrogers.com> Sent: Thursday, December 19, 2019 3:17 PM https://outlook.office.com/maiVdeeplink?Print 3/4 7119122- 12:V PM Mail - Petland Fayetteville - Outlook To: Weiss, Jamie <Eeiss@ hearst.com> Subject: Re: Tomorrow might be better! I'm sorry I just missed this. I'll reach out to you first thing in the morning. What does your day look like? Get Outlook for iOS From: Weiss, Jamie <JWeiss hearst.com> Sent: Thursday, December 19, 2019 1:12:24 PM To: Petland Rogers <admin -petlandrogers.com> Subject: RE: Tomorrow might be better! That would be great! Can we touch base at 2:30 actually? We have our planning meeting at 2 and I want to make sure I've got everything for the day fleshed out. Thanks again Sam! <image001.png> From: Petland Rogers <admin -pe I ndrogers.com> Sent: Thursday, December 19, 2019 10:21 AM To: Weiss, Jamie < Weiss hearst.com> Subject: Re: Tomorrow might be better! I will try my best to meet you later this afternoon. I'll touch base after 1:30 if you want. Get Outlook for 10S From: Weiss, Jamie < Weiss hearst.com> Sent: Thursday, December 19, 2019 10:18:11 AM To: Petland Rogers <admin -petlandrogers.com> Subject: Tomorrow might be better! Hi Sam! Turns out tomorrow might be better for me as well. I'm not in the office until 1:30, but I'll check in tomorrow morning. Thank you again. Jamie Weiss Anchor/Reporter, 40/29 News Cell: 479-256-0649 Email: jweiss@hearst.com Facebook: facebook.com/4029jamieweiss <COVID Letter to Legislators. pdf> <2020-03-17 Open Letter to Government Officials on Coronavirus and Pet Supplies.pdf> https:Houtlook.office.com/mail/deeplink?Print 4/4 •� �� �.�� rt'r• rGt1O11. A I1V,,U1U .. n-W nm'NUW,Vl t 1100 IIU rIOI.G III 1YVI U 1W90LP IMCI I0C1 I VFl11 IIVII J U011 ay.UUIII https://www.uatray.com/opinion/article-bf lfa5le-47de-llea-b244-2b2578167290.htmI Petland's Record of Animal Neglect has no Place in Northwest Arkansas Morgan Heflin // Staff Columnist // @meheflin Feb 5, 2020 i Frei" exeig,�, Ar, PPPPP xktm r }� `� WWAAl x. THE ARKANSAS 'TRAVELER •` (�R,,k:re� -)A# (n4!W,A-6UUEll9E e+6u tO I C R-NV1t9$j !h Oro r ���''YV`la ttit`� �61RiiP4 n n h'Sai>rne+� � �tt8 d'E r�+Il�� C�14181W�J�Uh�t�ro W �c If I&IMT4 f fit. fvmWi�_ UbrthTrtf6AP - C,XIIV 10b ti wo th,&6i, 9 _,rA "�hYFMi1h��Jl `N i'r4 ; 0 : 40 H X cedriP NRAW+Spp"6fr,fbl C6Vk0b!1 WMr&&?q E'?g 4949A NPblA '"dSftVt¢6RtWAPMN ,itty (--LlR.REA1T.-FV.FN.T' After investigations proved several Petland stores across the nation were sites of animal neglect and abuse in recent years, there should not be a new location here in Northwest Arkansas. However, in July 2019, a Petland franchise opened at the Pinnacle Hills Promenade in Rogers, and last month, local residents took to the store to protest. On Dec. 22, 2019, with animal sales at a high for the holiday season, demonstrations were held outside the Rogers Petland store after allegations that the local Petland was selling sick, unfit puppies. On the surface, Petland is similar to other pet supply chains already in the area. The store sells everything expected from a pet supply chain: kibble, leashes, aquariums and small pets like hamsters and parakeets. But in recent years, Petland stores have received negative attention for keeping and selling sick puppies. After a visitor to the Frisco, Texas, Petland store shared a picture of an underweight boxer puppy on Facebook in 2018, backroom investigations in both 2018 and 2019 uncovered other crimes worse malnourishment. https://www.uatray.com/opinion/article_bfl fa51 e-47de-11 ea-b244-2b2578167290. html 1 /3 - _.._.................................,y..,.,. n......., . ...w n..w.u..rum rnnonoaa I �Nuuun 1 uouava U111 This wasn't Petland's first media controversy, either. The company has consistently made the news since 2009, when multiple investigations by the Humane Society confirmed that the puppies sold in Petland stores were largely sourced from puppy mills. Although puppy mills manage to operate legally in the U.S., most facilities keep dogs in nearly unlivable conditions. Adult dogs are forced to breed until they die without adequate food, water or even shelter for themselves or their puppies, according to the USDA. Tiffanie's, a Missouri puppy mill and Petland supplier, was responsible for the death of 35 puppies in a six- month span lin 2019, according to a citation from the U.S. Department of Agriculture. A franchise of the national pet supply chain Petland, pictured Jan. 20, opened in Rogers this summer. The chain has been the center of much controversy regarding the wellbeing of its animals. Katherine Holitik // Staff Photographer In 2018, a Petland store in Tyler, Texas, placed a healthy, recently arrived shih tzu in an isolation crate for sick puppies when there was no room left in the store's display kennels. It seems to be common practice for unwell - looking dogs to be placed in areas away from customers' view, injected with saline solution as "hydration" or force- fed drug concoctions as a substitute for veterinary care, according to an ABC report. What sets Petland apart from other local pet supply retailers, like Petsmart or Petco, is the sale of puppies. Held in glass -walled, tank -like enclosures, Petland sells a variety of puppy breeds, from Pomskys to Basset Hounds. Petland's competitors do not sell puppies. Petco, for example, partners with rescue programs and sees the sale of puppies as unethical, according to their website. After a multi -state outbreak of Campylobacter, a drug -resistant infection linked to contact with pet store puppies, was traced back to Petland in January of last year, it wouldn't be unusual for more of the national chain's dogs than usual to be leaving the store sick, according to the CDC. Petland poses a threat to lives beyond the animals in their stores. When contracted by children or the elderly, Campylobacter can turn deadly. Puppies at Petland sleep Jan. 20. Katherine Holitik // Staff Photographer https://www.uatray.com/opinion/article_bfl fa51 e-47de-11 ea-b244-2b2578167290.html 2/3 rroicc, IU.po „ih reuana s rcecoro of mnimai rvegiecr nas no risce in rvormwest HrKanses I upmion 1 uatray.com The outbreak was speculated to be a result of the constant presence of feces in the puppies' enclosures at Petland and led to 23 hospitalizations across 17 states. 2018 and 2019 investigations by the USDA revealed that not only does nearly every puppy arriving at Petland from a puppy mill suffer from health issues, the stores consistently refuse veterinary care for their animals until they are on the brink of death. The only reason a Petland puppy sees a vet is to be euthanized, and not every one of their neglected puppies is fortunate enough to go out that way. https:/twww.uatray.com/opinion/article_bfl fa51 e47de-11 ea-b244-2b2578167290. html 3/3 1.1—. . I.Y. n— LJUGOI IA UI UUI I IUI IWI ULUI b PI UR M IUUdI M:Udl IU I MM IAN WEATHER ALERT 1 MORE ALERTS Excessive Heat: Warning: Arkansas County, Ashley County, Baxter County, Chicot County, Clay County, Conway County, Craighead County, Crawford County,... 95" LOCAL NEWS Dozens of demonstrators protest local Petland Posted: Dec 22, 2019 / 12:55 PM CST Upd,,Aed: Dec 22, 2019 / 12:55 PM CST SHARE () V Q ••• ROGERS, Ark. (KNWA) — About 40 people participated in a peaceful protest against Petland in Rogers. The demonstrators stood outside the Pinnacle Hills Promenade Saturday afternoon. They held signs that read "adopt don't shop" and " Petland stop selling sick dogs from puppy mills." https://www.kark.com/news/local-news/dozens-of-demonstrators-protest-local-pettand/ 1 /11 WUGC- UI UW31U1 auowia VIULC i iuwi rCUGIRJ f r\^F-%F\ Paige Quilan said she decided to hold the protest after hearing allegations on social media that pets sold from Petland were going to their new homes sick. She said she wants the retailer to take more responsibility in caring for the animals they have. "Most dogs have parasites or pneumonia and they aren't making enough changes to prevent these health problems and so many of them have it." Samatha Boyle is the owner of Petland in Rogers. She said their animals are current on vaccinations, have exercise schedules and have constant human interaction. She said they only work with breeders licensed by the United States Department of Agriculture and State Department of health agencies and hold them to the highest standards. "We do a really good job at sending home happy healthy puppies. I do not have outstanding claims at this time but I would encourage those customers to give me a call if they have any issues." Animals purchased at Petland are under warranty and in the event that it experiences some sort of health problem Boyle said Petland staff would step in to guide the owner on proper care. Copyright 2022 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. AROUND THE WEB Born Before 1983? Claim This Benefit Before It's Gone MoneyGurus Arkansas: Say Bye to Your Car Insurance if You Live in These Zip Codes Smart Lifestyle Trends Arkansas Launches No out of Pocket Cost Solar Program Sunnyside https://www.kark.com/news/local-news/dozens-of-demonstrators-protest-local-petland/ 2111 THE HUMANE SOCIETY Petland Investigation Report OF THE UNITED STATES INVESTIGATION SUMMARY America's largest chain of puppy -selling pet stores, Petland Inc., is also the nation's largest retail supporter of puppy mills. There are more than 200 Petland stores worldwide, with about 140 in the U.S. Collectively, these stores sell tens of thousands of puppies each year. On November 20, 2008 The Humane Society of the United States (The HSUS) revealed the results of a shocking eight -month investigation of Petland stores. The investigation reveals that Petland stores across the country have marketed puppy -mill puppies to unsuspecting consumers. About the investigation: • HSUS investigators documented the sources of puppies sold to 76 different Petland stores. They visited 21 of the stores, including stores in Florida, Indiana, Minnesota, Nevada, and Ohio. • HSUS investigators visited 35 breeders and brokers (re -sellers) linked to Petland stores, including breeders in Kansas, Oklahoma, Minnesota, and Missouri. • Investigators researched health certificate import records of 322 breeders and brokers and almost 17,000 individual puppies linked to Petland stores. • Investigators reviewed more than 100 state and federal Inspection reports of breeders and brokers linked to Petland stores. INVESTIGATION RESULTS The Investigation revealed that: • Despite assurances by staff at Petland stores visited by The HSUS and on Petland's corporate website that the company knows Its breeders and deals only with those who have "the highest standards of pet care," many of the puppies sold at Petland stores come from massive commercial breeders in Missouri and other Midwestern puppy -mill states, where hundreds of breeding dogs are packed into cramped, barren cages. • When HSUS investigators visited 35 of the large-scale breeding operations linked to Petland stores, they witnessed puppy mills — places where puppies are factory farmed in large numbers. At many of the facilities, investigators saw appalling conditions: puppies living in filthy, barren cages reeking of urine, with inadequate care and socialization. + Many of the puppies for sale at stores visited by The HSUS were not even supplied directly by breeders, but were purchased from a "middle man" — large-scale "pet distributors," otherwise known as brokers. The investigation revealed that many of Petland's brokers also buy from puppy mills. • Some of Petland's puppies were ordered online using a pet auction website called the Pet Board of Trade (PBT), demonstrating that many Petland stores are not screening breeders as the Petland corporate website claims — in fact, in some cases they may not even know the breeder's name until after the purchase is complete. © The Humane Society of the United States, Novembe 5 11 P a g e THE HUMANE SOCIETY Petland Investigation Report Of THE UNITED STATES One of the most cc rnmon sales pitches made by staff at Petiand.stores visited by The HSU.S is that they use"USDA licensed" breeders. However; HSUS Investigatgrs,reviewed USDA and state inspection reports for more than 100 of Petland'9 breeders, and'found that more than 60 percent of the'reports listed serious violations of basic animal care regutatlons. It.ls clear that Petland isn't reviewing these publicly -available recurds to ensure LhAL their breeders empluy "the h1kheststandards ofpet care." Diacumerrted USDA vloiatfons atsome of Pettand'' breeders and suppliers Included: dirty, broken- down endosures;.inadequate shelter from the told; dogs_ kept in too -small cages; and inadequate• veterinary care. Saute ofthe breeders were found with sick or dead dogs left in theircages. The inve�tlgation afsp uncovered dubious aspects of Petland's "Adopt -.a -Pet" prograrn, proying that many of their "Adopt -a -Pet" anirritlt are actually Petlaod's own puppies who: dfd not sell at full price. During the imestigafioh, The H5US called all 113 Petland stores operating at that time.1n tine U.S. We asked each store ifthey participated, in the "Adopt -A -Pet" program — and if so, where the adoptable dogs, come from. Fifty-six of the stores sold they didn't participate in the Adopt -a -Pet program at all, 23 stores said. they off. eyed cut-rate "adoptlon" prices:an older puppies that had not sold yet,16 said -the offered puppies for adoption when the animals were returned by -previous customers,'arid 7 stores said they wanted to offer homeless dogs for adoption but they.couldn't get a supply of pups from' local shelters. PETLAND BACKGROUND Petland is a privately held.corporation, with a corporate headquarters in Chillicothe, Oh(o, The buslnots was started In by Edward R. Kunzelman (now the current CEO) in 1067, In the 19705, Petland pegan'franchising stores: Today more than 909E of Petland stores.are franchised. Petland corporate-owned:stores are located in: Amherst, Chillicothe, Cincinnati/Falifield; Hilliard, Cleveland Heights; Lewis:Center, and Columbus Town & Country, -.all in Ohio, Currently there are:00 Petland stores open worldwide, though this hurnber changes frequently as -states shut down and others open. Lip -to -date information Dan be,found at: htt0:/iWV1W.oetland.caml (click on "find Petland Stares"I- During the investigation, the Petland chairs (as of 10-3-2008) Included i37 U.S. stores In 29state4: AL: 1 LA: 1 NV, 3 WV: 3 AZ: 2 ME.; 1 NY-.1 M. 1 MI; 4 OH: Z$ F.L.21 MN. 2 PA:5 G,A:9 MO:4 SC:1 IA: 2 MS: 1 TN:1 0 The Humane Soclety of t)ie United.5tates; November 2008 2 1 P a g e THE HUMANE SOCIETY Petland Investigation Report OFTHQUMTEOSTATES IL:16 NC: 1 TX. 12 IN:3 NE: 1. VA:3 KS: -1 NH: 1 WA: 1 ft 1 NM: 1 WI. 3 The HSU$ investigated only Petland puppies bought and sold in the U.S. During the time of the investigation; Petland had 43 stores outside of the U.S: Canada; 3.1 Chile: 4 Japan, 5 South Africa: 2 Chiba: 1 PETLAND "ADOPT -A -PET" INVESTIGATION The Petland Websiite states the following about the "Adopt -A -Pet" program: Whai is Adopt -A -Pet?. Petland pet counselors work with stdff at local animal shelters 'pet rescue groups an'd with members of the local community to: place homeless Pei poppies, doggy kiiiens cats and v vwlety of small animals. As part of this cooperative program, Piedund store operators make avdfloble their hfghly visible Petfond display windows to. aid In the placement of Homeless pats:ln locdl,communitles: To determine how and where Petland gets dogs for its "Adopt-�A-Pet"program, HSLIS investigators called every U.S. Petland store (those open forbusinesi on 9�10,2008) and asked Whetherthei store participates. If we were told the store does participate, we asked Where the "Adopt-A-Pet."Id ogs come from. Of 133 stores, 56 (42%j. stated they do not participate in the program at all. Mariy stores.who said they'do have adoptable dogs told 'us their "Adopt -A -Pets" cohie from a corhbinatign of sources, For example, the Tampa fyorih store told us It occasionally sells pups from, accidental fitters that are brought in; and that occasio6Qy they will get.a dog froin a local sheltet or sell dogs given to them by people in the local coMmunity. The breakdown of responses is a9 follows; a)td again; some stores. listed more than one source for "Adopt -A-Pet" dogs: ■ 56 stores: do not participate at, all 23 stores: older pups that don't sell within a few weeks .are market! down in price and considered "adaptlons" *. 25 stores; Ipcal litters,.sometlmes accidental, biooght,ln from the local community Y 16 stores: returns to store —pups given back to. the store where purchased and sold again A. 24 stores: give -Ups to Petland rather than shelter— dogs brought in by Local people 9) The Humane Society of the United States, November 1008 3 i P a g e THE HUMANE SOCIETY �- Petland Investigation Report OF THE uHITEp 5iATEs • 7-stores: locatshelter declined to work with Petland sttore--the:storesays it tried, but local shelters don't wantto glvethem dogs. [Nate: Some shelters have declined.to work with Petland because they feel that Pethmd's practices conflict with their m.lssimi of reducing pet overpopulation and that the public can still visit their shelter to adoptthe arilirnals.l • 25 stores: say they do acqulre dogs from local shelter(t).or rescue • 10 stores: say they do: occasionally refer customers to locaLshelter/rescue FENNEL INSPECTION REPORTS HS.U5 investigators reviewed USDA and/orstate.kennel Inspection re.ports:on over 160..of Petland's breeders;. and Found that mare than 60 percent of the reports listed serious violations of basic animal rare regulations. Many USDA licensed breeders exhibit a long history of substandard cai•eand yet eemaln licensed. It Is clear that Petland Isn't reviewing these publicly -available records to ensure that their breeders employ"the.bIghest standards of pet care." USDA inspeckors..foligw regulations outlined in the Animal Welfare Act. The specific regulatigns can be found on the USDA website atwww.aphis.usda.Rov. The most common problems noted on the USDA reports that The HSUS 'received are -roughly In the follow7ng categories: • FILTH: accumulation of feces, grime, dirty, disease -fostering conditions • INCORRECT/NON-EXISTENT. RECOR05: dog inventory incorrect, no written program of vet care, no certification for dogs bought from unlicensed sources • rACILITY'DANIAGE: Rusting, broken, damaged, chewed, or sagging cages; or sharp, dangerous points in pens and cages ■ SICK/INJ.URED DOGS In need of vet care s LACK OF PROTECTION FROM THE ELEMENTS: Inadequate bedding or. means of warmth, lack ofshelter arshade • 700-SMALL CAGES do not meet the USDA's formula for cage space ■ INSPECTOR HAD NO ACCESS; Inspection not done because no one let the inspector in • PAWSTHROUGH WIRE: wide wire flooring allowing paws to slip through wires in cage floor, creating an injury potential • EXPIRED VETERINARY MEDICATIONS + SHIPPING UNDERAGE PUPPIES: Underdeveloped Immune systems are more vulnerable to dlsease (NOTE:`pupples must be eight weeks of age before Shipping) Many of the USDA reports acquired as part of the investigation are availablefor pubiia.viewing online.at humanesoclety, ot&/pu ppymll Is: © The Humane 5+vciety of the United States, November 2008 4 i P a g e THE HUMANE SOCIETY Pet and investigation Report OF THE UNITED STATES CONCLUSIONS Petlandstores Investigated by The HSUS have been misleading tistomers:about uiheeetheir puppies come frnm. Petland clalms it knows its breeders and deals only with those.who.haVe "the highest standards of pet care," and that they NMR deal with puppy mills. Our Investigation revealed that the stores investlgated DO buy puppyinill puppies. That 14 why we are asking Petland to get out of the puppy mill, support business and..to stop selling puppies. The tales told by Petland are typlcai.of pet store sales, The HSU5 has heard sidnilartlaPms from other pet stores across the U.S. The greatest victims are the breeding parents. Mother and father.dogs will spend their lifetimes locked in cages; churning out puppies forpet store sales. Puppy mills.sell their puppies through, pet Stores, fancy Internet sites and even newspaper classified ads. Puppy buyers MUST go -and visit where their Puppy was born and see how the parents are treated before handling over any money. Puppy mills Thrive because people buy the puppies, The dog loving, puppy -buying public has it in its power to stop puppy mills for good simply by making sure they never buy a puppy mill puppy.. HOW YOU CAN HELP While most of the.puppiesfrom puppy mills are eventually sold through pet stores or over the Internet; the unseen victims are the mother andfatherdogs, who are forced to five their entire lives behind barswithout hope of ever belhg part of a family or even seeing the outside of their cages. Here is how dog lovers can help! r Gall or wrlte a letter to Petland expressing.your concern about puppy mills and asking Petland to•stop selling•puppie..s, Petiand Corporate Office 250'Riverside Sfreet Chillicothe, Ohio 456n (740)7is-mi4. www_ etland.com • CorfsuMerswhopurchasedapuppy from Petlandshould. contact The HSUS.directly byfilling out .the Share Your Story form on our w.ebsite; humanesocl t ar u mill . • Never purchase a puppyfrom a pet store, over the Internet, or from, anyone you haven't screened in person; eoifslderadaptlon first. • Find out more about hotivyoo can take action at humarnesoclety.M/puppvmills. • Fortlps on findfnga compassionate breeder, visit hVtnanesmTety_orElout3ay. Q The Hurnane-Society of the.United States,.Novembee 200.8 5 10 a g e HSUS sues Petland over alleged sales of unhealthy puppies March 24, 2009 ""10 Phoenix — The Humane Society of the United States riled a class-action lawsuit against Pelland Inc. and the Hunte Corp. for allegedly selling "unhealthy puppy -mill puppies to unsuspecting customers.' Phoenix —The Humane Society of the United States (HSUS) filed a class-action lawsuit against Petland Inc. and the Hunte Corp. for allegedly selling 'unhealthy puppy -mill puppies to unsuspecting customers." In the complaint, filed in U-S. District Court in Phoenix March 16, HSUS alleges that the two firms "violated federal law and numerous state consumer-protectlon laws by misleading thousands of customers across the country Into believing the puppies sold at Petland stores are healthy and come from high -quality breeders.' The 34-page lawsuit Is the culmination of an elght-month HSUS Investigation of Petland, the nation's largest chain of stores that sell puppies. The investigation tracked more than 17,000 dogs from 76 of Petland's 140 U.S. stores, and the lawsuit includes accounts of what it said was found at breeding centers, stores and the fates of some of the tracked puppies Banco Arimal kcallh oalaonfile fH-U5-17-0017 Do you know what surveyed U.S. dog owners like? 85% consider it very easy to somewhat easy to give two chewables per their dog. spon.or.a by aw co Petland, based In Chillicothe, Ohio, could not be reached for comment. In the week since the suit was filed, HSUS says It has been 'swamped' with phone calls from pet owners who spent thousands on medlcal bills after purchasing dogs from Petland, or whose dogs died shortly after purchase. Related Content: Medical I fleguiaLW_ I Law & Ethics I Association I Breaking News I Animal Weljam- aaresr news galp_YlaroL5lr�.i471Ft1i1e.ao)uQn 2 w�erf wv c�lu io c...mlu.. sc �, :Lxfrarsaniuuac'.i��� �•a�c dtl61[seS�Csat)st��ot laftitel.9so r�O als�user+sd�thgt%sn�.Pr�sl>�uy dtit o.MlUWs &is.hsut�ruwb�oeRlcuyye�vnNdmrry N 1 /6 The nu i-4Rd-b Ohs Qt @_AttiI:ORdi_VnJII MM(tr 4140-12 ylglts rescued canine atonic dermatitis p01111$ty from Enviggbreedipg ARIA rpseatchiciiity The nuts and bolts of canine atopic dermatitis July 19, 2022 Julia Burke,.!•�.�?�ryrlir:; 000010 Two dermatology experts share diagnostic and management methods for this skin condition Canine atopic dermatitls is the second most common allergic skin disease in dogs after flea allergy dermatitis.t In an interview with dvm3608, Julia I- Miller, DVM, DACVD, described this condition, also referred to as atopy or environmental allergens, as a genetic predisposition to be hypersensitive to normally innocuous substances in the environment. it,h , J etack.adobe_cam 4L "This is something that when you're in general practice, you see it every single day. When you're a dermatologist, we certainly see it every day —it is exceedingly common," Miller said. Breeds predisposed and age of onset Miller explained that because atopic dermatitis Is a genetic predisposition, It's simply a matter of time before the clinical signs appear. "Essentially, these animals are born with this predisposition to being overly sensitive to things in their environment And It's Just kind of a ticking time bomb waiting for It to show up; she said. The typical age of onset for atopic dermatitis is between 6 months and 3 years, and specific breeds —golden and Labrador retrievers, pit bull terriers, pugs, boxers, and German shepherds —have an increased risk of developing it.2 However, Miller said, atopy can be present in any breed, including mixed breeds. Primary and secondary clinical signs Andrew Rosenberg, DVM, DACVD, shared his knowledge on this prevalent chronic condition in dogs during a presentation at the 2021 New York Vet Show in New York, New York. Rosenberg explained that the most common skin areas affected by atopy are the pinna, axilla, front paws, hind paws, lips, and paranal. In contrast, Miller said, "With most of our environmentally allergic dogs, the area on the body that gets spared, the area they don't itch at or don't target, is usually along the dorsum." The primary clinical signs of atopic dermatitis Include erythema and pruritus, and the secondary signs include excorlatlons and infections, Rosenberg said. In addition, common Infections caused by this disease are staphylococcus infections and Malassezia dermatitis, Miller said. I 216 Rosenberg said it's equally Important to note that there are no pathognomonic signs and that other skin diseases must be ruled out before making the diagnosis. Miller said the main condition atopy mimics Is ectoparasites. "When I have a dog come in that is Itchy my No. 1 rule out is always fleas, And sure, it could be environmentally allergic. That's possible. But I better rule out ectoparasltes every time, she said. She added that atoplc dermatitis can also look like scabies or a food allergy, which �= present in an almost identical manner. She advises veterinarians to rely heavily on history taking and diet trials. How to diagnose a potentially atopic condition Perform a cytology or culture test Both Rosenberg and Miller emphasized starting an examination for a potentially atoplc patient with a cytology or culture test, This allows veterinarians to treat any secondary infections, whether they be yeast or bacterial. "I really can't stress enough to do your cytologles. That should be the first thing you are doing when you're presented with an atoplc dog," Rosenberg said. "Don't be afraid to culture [a] skin infection; it's never wrong to do so. If you see raw bacteria, you should be culturing, and if there's a bacterial infection that's not resolving with antimicrobial therapies, you should be culturing." Miller added that if veterinarians simply focus on the allergies and not the secondary problems, It can cause them to be less successful in their treatment. "I always recommend that you do cytology on every dog because you have to treat those secondary problems and treat them aggressively. Otherwise, you're never going to get control of the itch. And then you're never going to get control of the environmental allergies, she said. Identify the underlying allergy It is also key to determine which environmental allergy is affecting the patient so treatment methods can be Incorporated for this as well. "It would be great If we could get to the root cause of what the dog is allergic to and manage that," Rosenberg said. Among the common allergens that cause a dog to develop atopy are pollens, mold spores, dust mites, shed skin cells, and insect proteins.3 Miller said there are 2 ways to allergy test animals: through a blood (serum) test — where you draw blood and submit it to a laboratory to have immunoglobulln E levels examined —or an Intradermal allergen (skin) test —where you sedate the patient and inject the allergen directly under their skin to see If hives form. Miller said dermatologists don't recommend saliva or hair tests because they are not always accurate. 'The gold standard for what most people consider the best choice for allergy testing is the intradermal skin test, Miller added. 'But dermatologists out there certainly use both intradermal and serum allergy testing. I always recommend, wherever you practice, [that you] talk to the dermatologist in your area, find out what they're doing and what they recommend' Treat the secondary infection and allergen Secondary infection Once the pet Is diagnosed and it is determined that there Is a yeast or bacterial Infection, treating the secondary infection is vital to significantly reduce pruritus, Rosenberg said. "My principles for treating secondary infections... were getting away as much as we can from systemic antibiotics with all the resistance... so if there's [a] focal Infection, I encourage you to use more topical therapies. For widespread infection, we still use antibiotics," Rosenberg said 316 "I always recommend [prescribing an antibiotic for] at least 3 weeks, many times 4 weeks, and the general rule Is to treat with an antibiotic for 1 week beyond a clinical cure so you treat until everything looks normal and then add on a week; he said. "I always recommend rechecking these patients before stopping [the] antibiotic," Environmental allergens '= Steroids One method for treating dogs with environmental allergens is to use oral steroids, which Miller referred to as 'tried-and-true oldies but goodies " They calm the immune system, are effective for most animals, and have few adverse effects. "[With steroids] we stop the inflammation in the skin, because that's going to stop the Itch and then they don't get their secondary Infections, Miller explained. However, steroids are not a good long-term protocol for dogs, and atopy is a lifelong disease. Immunotherapy For a more tong -term approach to managing atopic dermatitis, you can Incorporate immunotherapy. With this holistic method, allergy shots are created based on a pet's specific allergies and then injected into the skin to address the root of the problem. For example, Miller said, "Say [the dog] is allergic to ragweed, It's allergic to [some] kind of grass, and It's allergic to [dander from] humans. We put those 3 things in a vial and then we can either Inject that Into the skin or we can do it under the tongue, so we can do injectable immunotherapy or sublingual immunotherapy ..,,It's just like whet they do In humans. We're trying to kind of rewire the immune system of that animal by exposing them to that allergen all the time, with the hope that then they won't be quite so sensitive' The downside to Immunotherapy is that it takes a long time to reregulate the immune system, approximately a year, according to Miller. Therefore, the clients must be willing to put in the effort and have the patience to pursue this treatment for their pet. References 1. Elfenbein H. Atopic dermatitis in dogs: causes, symptoms, and treatment PetMD. February 13, 2020, Accessed November 8, 2021. https://www.petmd.com/dog/conditions/skin/c._dgatopic dermatitis 2. Miller WH, Griffin CE, Campbell K4 ads. Hypersensitivity Disorders. In: Muller and Kfrk's Smell Animal Dermatology 7M ad. Elsevier, 2013:372. 3. Barnette C, Ward E. Allergies In dogs. VCA Animal Hospitals. Accessed June 29, 2022. httpsV/vcahospitals.com/know-your-pet/allergy-general-in-dogs Related Content: Dermatology I Clinical I Madlcal &lu I Associates 49D�trsJtgliaaltracuett J f�harltirs Ths_aff%±LQUPrm1vtd from 6nY1gQ hlmding crlrbrates Hafigpel chronic pain ondf9m sftfBsljlay �rpdon Week 3 Must -reads on summer pet safety July 13, 2022 dvm33�e6��0yyStaff 0V0CIP0 3 articles to ensure your patients stay cool, safe, and healthy this time of year 3 4/6 �Iv d[3cv_�ij f. l mock.adobe. corn We are amid the dog days of summer. Therefore, we have spotlighted 3 articles that can help you guide clients on keeping their furry friends safe and healthy as they soak in the sun. From Ins and outs of heatstroke to summertime dangers for dogs —there's something for everyone. Happy reading! 1. heautroke Inv r it factors: Patricia M. Leff, DVM outlines the risk factors, signs, and therapies that can help address heatstroke. 2. D2g}yr�1: A nutritionist and emergency and critical care veterinarian share their insight on keeping dog hydrated. 3, i r is From sunburn to barbecues to guests feeding pets the wrong food, ensure clients know these risks summer activities may pose for dogs. Related Content: A111mal Vdcifare I &I= I Associates P_�tnatt_Cbariz{es Thexffrec�eLlzius�stlreet! i�[1Euse•readx_►otJJ�m[ eeltrbru"Mttunal chronic pitn LasLPet Prevamion M41419eYi"k Month 4000 beagles rescued from Envigo breeding and research facility July 13, 2022 dvm360 Staff 0000 ► Rescued beagles are now in need offoster volunteers end new homes The Department of Justice and the Humane Society of the United States rescued 4000 beagles from Envigo breeding and research facility in Cumberland, Virginia! A federal judge approved the department's request to remove the animals after evidence of neglect and maltreatment of the dogs. 516 Envigo claims on its website the company's work with animals as, "At Envigo, animal welfare Is a top priority. We adopt a humane and compassionate approach, actively fostering a culture of care toward our animals and alming to operate at the highest professional standards. Animals that are well cared for allow us to produce better science and more reliable data" "We have a company -wide animal welfare policy that defines and drives the standards �= for our animal care and welfare throughout Envigo" the statement contlnued.z However, according to The New York Times, federal inspectors found instances of malnourished, sick and injured beagles in Envigo's care 3 The dogs were kept In cages where feces and food waste piled up, according to court documents. More than 300 puppies died at the facility between January and July of last year.3 Local Virginia -based nonprofit, Homeward Trails Animal Rescue, is helping with the rescue and placement of dogs in new homes and foster caregivers. According to a Facebook post from the Homeward Trails Animal Rescue account, the organization has already rescued 500 dogs and placed them in new homes. The organization plans to remove the remaining beagles from Envigo and set them up for adoption as well. Homeward Trails Animal Rescue is currently seeking willing fosters for these animals and any donations to help fund the rescues. For anyone looking to help, email info@homewardtrails.org. References Image courtesy of Homoward Trail: An lmal Rescue 1. Statement on the removal of approximately 4,000 beagles from a breeding facility in Cumberland, Virginia. News release. The Humane Society of the United States. July 7, 2022. Accessed July 13, 2022. https://www.hu manesociety.org/news/statement-removal-approximately-4000- beag les-breeding-facility-cumberla nd-virginia 2. Envigo. Accessed July 13, 2022. https://www.envigo.com/our-work-with-animals 3. Jimenez 1, Rubin A, 4,000 beagles are being rescued from a Virigina facility. Now they need new homes. The New York Times. July 12, 2022. Accessed July 13, 2022. https://www.nytimes.com/2022/07/12/us/envigo-beagles-breeder- adoption_html Related Content: Animal Welfare 7bt:6 cSs?LpJ± i9 UftL mmads fu-N0.tfpne3 UmUr rsn ile vn: VCPR chronkRile f KlL_PgLP YPrW_bh mgWit1494w9_l*al_ ! Month a 6/6 Case 2:09-cv-00529-DGC Document 49 Filed 08/07/09 Page 1 of 11 1 WO HUMANEWATCH.ORG 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 10 Iodell Martinelli; Stephanie Booth; Melia) No. CV-09-529-PHX-DGC Pc Abbigail King; Nicole Kersanty; ) 1 I and Ruth Ross, on behalf of themselves ] ORDER and all others similarly situated, ] 12 Plaintiffs, ) 13 14 vs. 15 Petland, Inc.; and The Hunte Corporationj 16 Defendants. ) 17 )� 18 Petland, Inc. is a large national retailer of pets. Petland and its franchisees sell 19 puppies at more than 100 stores throughout the United States. The Hunte Corporation 20 supplies many of the puppies sold at Petland stores. 21 Plaintiffs are residents of various states who bought a Petland puppy. Plaintiffs filed 22 a class action complaint against Petland and Hunte on March 16, 2009. Dkt. #1. Plaintiffs 23 claim that they bought Petland puppies with the understanding that they were "bred under 24 safe and humane conditions by a reputable breeder with proper canine husbandry practices," 25 but the puppies actually were bred at a "puppy mill." Id. ¶¶ 8-13. A puppy mill, according 26 to Plaintiffs, is "a dog breeding operation in which the health of the dogs is disregarded in 27 order to maintain a low overhead and maximize profits." Id. IN 2, 18. Plaintiffs allege that 28 their puppies were sick at the time of purchase or became ill shortly thereafter. Id. ¶¶ 8-13. Case 2:09-cy-00529-DOC DocunAent 49 Filed 08107109. Page of. I I :1 2 3 4 5 6 9 10: tl 12 .13 14 15, is :19 20 21 22 23 24 25 26 27 28 Plaintiffs assert that Petland.has. orchestrated a scheme to defraud consumers by manufactning a fictitious market for puppy inill puppies. 'Petl4nd executes this scheme, Plaintiffs Claim, by requiring its stores to "sell puppies to, unsuspecting consumers while misrepregOnfirigthem as'the flneft available' puppies froin'.Professibna.1 and hobby breeders who have years of experience in raising quality family pets;'W hich arc 'USDA approved."' Id. IM 3, 81. Petland also -assures c6risufners that Petland "knoWs its breeders and deaW only with these who have 'the highest standards of pet care[.]1" I4, T.53. The hinited. warranty Petland provides consumers-aftegedlyper.p6Wates-t-he scheme by "f4cifitatin fiction that gilm'f A consumer's new puppy is not a sickly and/or dying puppy IIII'll puppy.' Id. 149; The results of an eighth -month iiivesfigatloit by the Humane Society of the United States: purportedly "confine Petland's practice of misrepresenting and concealing: the origin of pup py mill puppies." Id. 53. The Complaint asserts pi claim under the: Racketeer Influenced and Corrupt Organizations Act ("FjCO?'), 18 UIS.C. § 1962(c), v✓tich is ptedicAted:o.nallegpdviolation.s of the federal inail and Wire fraud statutes; 18 U -S.C. § § 13.41 an 1,343, AL " k7-88 inail 5 . . ;and (countone). Thp complaint a-15'0 asserts a RICO conspiracy 61a under 18-U' I I im . dq. S.C.. § 196 (d) (count two), violktion.s: of mnIti-state.0obsumei protection laws, (count three), a claim for unjust enrichment (count -four), and a violation of:the Ohio Consumer Sales Practices. Act (count.five), id. IT 89-12 1. Plaintiffspurport tij bring these claims on behalf of all persons sonss who purchased a puppy from a Petland store. since. November '20,1004'. Id., Hub* and Petland have filed motionsto -distniss the.cornplaint pursuant to Rules 0(b.) and 1 1(b)(6) of the Federal Rules of Civil Procedure. Mt. ##33, 34. Them tio h been Q .. ns have fully briefed. Dkt 044,45, 4.7,48, For ieason.s. that follow, the Court will grantthe inations ... 1. W., and dismiss the 'Complaint without prejudice.' 'The requests fororal argument are denied because the partie& have fully-briekW the issues and oral arguinent will not aid thc:Cbjjrt's decision. See Lake atLas Vegas Investors Graiip, Inc. v. Pac. Leer_ Malibu Corp;, 933 F.2d 724, 729 (9th Cii. 1991); Partridge.v_ Reich, 141 F.3d.926, 026 (9th. Cir. 1998)* see also Fed. R. Civ. P. 78(b). Case 2-09-cv-00529-DGC Document-49 Filed 08107109 Page.'3 Of 11 I I. Petland's Motion.. 2 Petland argues that the RICO claims and the claims assOrted'under state consumer 3- pr6tection laws fdil because (i) the alleged misrepresentations are.mere pidery. rather than 4 actioiiiblbstateiiienUbfrnatetiil'ficf,(ii)thc-all'cgatiorisofnoia-di'selesuro—"Cohcta.ltnent" 5 and "omissions:" oti the part cif Vetland — fail to state a olaim for: relief,. and. (iii) the 6 allegations of fraud have not been pled with particularity. Dkt. #349t44L Petland further 7 argues that tho,complaintdoes not allege a legally cogni2Ab1eJnj.ury of proximate causation 8 (id U. 11-17) and the unjustenfichnientz1aim fails as;a matter of lave (id atH): 9 A. The RX0 Claims. 16 1. Allegations : qf non -disclosure. 11 Petland argues that to: the extent the RICO claJ in based on an alleged failure to . s,are .12 disclose the origin of 'its puppiesi the claims fail as a matter of law because absent an ' 13 independent duty, such as a fiduciary duty or an explicit statutory duty, failure to. disclose 14 cannot be the basis of a-ftaWulept scheme' under the federal mail and wire fr.Ejud:stAtUtes;" 15 Dkt. #34 at 9 (quoting Cal. Arehitedturdl Bldg. Pt-ods:, Inc. v. Franciscan Ceraod(s, Inc., 16 819F-..2i11466,1472(9th-Cir.19.8.7)), This argument is specious, Plaintiffs assert; because 17 the RICO claims ate based -on the'affirinafive misrepresentations pled in the complaint-, not 18 a fAilure. to speak on the pad OfPetland. Dkt, #44. at 14-15. 'Petland correctly y notes that the 19 complaint is not only replete with allegations ions of concealment and omissions on the part -.of -20 Petland, but exPlicidy,411 eges ffig Pedandhas a "practice ofmisreprespnting.ajzd concealing 21 the origin. of puppy mill -puppies." Dkt. #115.3 (emphasis aiided); see id '1¶ 42, 60(a), 93, 22 98, 120. Plaintiffs do not Assert that Petland has an independent duty to disclose to 23 consumers the origin. of Petland piippibs-. The Court will therefore -grant-Pptlafid's motion 24 to the 'extent the 'RICO claims are based on allegations of non-disci6sure, See cal; 25 Archhechiral Bldg. Prods., '818 F.2d, at 1472; Lang ford v. Aite Aid of Ala.. hic., 231 F.5-d 16 1308- 1.314 (1 Ith Cir. 1000) (dismissing RICO claims predicated on mail and wire fraud 27 where: the defendant bad no duty to disclose its pricing scheine to consumers), 28 1 u -3- Casd 2'09 . -cv-0.0529-DGC Dob.U.rne.n.t.49 F11008/07109 page 4:qf1I 1 2. Allogs4ohs..of fraudijIont. misrepresentations: .2 The RICO makes it unIafOfraqy pqiassoQiatddwithanent enterprise to 3 participate i 'Iht conduct of such dnterpriso',s affairs 'IhiMigha pattern of racketeering[.]" V., 6 I�i . . . . g 4 18. U.S.C. §. 196-2(p). The Alleged pqtteM of raqkfteking iii this case is mail and Wire fraud under 18 U.S.C. -§ § 1341 and )[143, Dkt #1179. To plead a violation of those sta tutes, 6 Plafiit4ffs niu8t allege that Pdthhd f6rmed a scherneto defraud, that Petlai-id. used the United 7 States malls and Wires in fLirtheTa0e.0fthat:schtrne, andthatPetland did so withthe gpecifi 8 intent to defraud- See Schreiber Distilib. Co. v. Se)-v-W011 Furnitzire Co:, 806 F.2d 1393, 9 1400-'01 (9tfi,CIrA,986). 10 Petland argues that the kICbialan-ins must be dismissed because the mol. to aint does 11 not -satisfy Rule 9(b)'s requirement that tho."sobeme to deftaud'! be pled With particularity: 12 Dkt; #34 at 1-0- 11. The Court agrees. 13 Rule 9(b) "requiresA pleader of fraud to detail with particularity the, time, placq, -and 1-4 manner of each act of fraud[.]" LancaVer. Ginty. Hbsp. v. 4w&pq Yalley Dist., 940 F.2d 15 397., 405 (9th Cit. 1991). This requirement ineap� that All "[a]v6 entof n rM. s . -fraud must 16 be accompanied by 'thi; who, what, when, where, and how' of the misconduct -charged." 17 Vess v. Ciba-Geigy Corp. USA, 317 FM 1097, 1-106 (9th ;Cir. 2003) (citation oir iOtt ed . 18 "The Ninth Citcuithas repeatedly insistedthat this rate be followed in RICO actions al .0 .4 alleging 19 the predipate act of mail fraud.'.' Lerneastell, 940 F-2d at 405(citing Schreiber; 806 F.2d a 20. 1401,,Moore.v- Xkvpori.PqckfzgL- Express, Anc.,88.5 VId. 53.1, 541 (9th C ir. 1989)). 24 Petland's:alleged fraudulent scheme .consists ofmisrepresentations about the origin 22 of-Petland puppies. Dkt, #1 IN 3, :81, Plafbtiffs .sufficiently allege the contents of those .23 statements;. that is., that Potland puppids are "the finest available," j :that they are brect by 24 "professional and hobby breeders who have years of experience in raising fim quality i t ly 25 pefs;!and ihat-these breeders are "USDA approved" and have "the highp'st:.8takdards ofpet .2.6 carq."- Id.' In 3, 10; �7, 5-:5, 91. Nowhere in the complaint, .however, do Plaintiffs -identify 27 ivIth parijcylarity the manner in which'these. statements were made. To the dxtent.theywere 28 made through the use of the snails and wires, the complaint is deficient —plaintiffs allege that -4- CW2:09-cv-00529-DGC 1?ocudient49 Filad.08/07/09 Page 5ofll I the acts. of mail and wire fraud involve "thousands of communications" mad e "throughout 2 the class peri6d,"incrudihgmorketi4materials, adVertising, and financial. statements (id.-T 83), but rio:specificj mailings or transmissions ,are mentioned. Nor. do Plaintiffs vrovide 4 specifid- facts relating to POtland's IiYnited:w4rrqnty, alleging only generally thdt"PiOland 5 prbyrideg purch.age.fs of its poppy mill puppies a line iced warranty." id. -t. 49. 6 Plaintiffs themselves 9dthit that they have alleged the incidents of fraud only '7 "generally," claiming that access to Petland's books .and retor& is. needed -to provide the S Tequisite:specificity, M. J.'83. Plaintiffs eito, Uifited.Siateg v. &FwdAne:Reech4m., ln.e.; 245: 9 F,3d1049, 1051 (9tfi Cir-, 201), for thee-pr6poixtion thatthe requitrements, of Role 9(b) may 10 baretaxed to permit discovery where the evidenceof fraud is within adefendAnts exclusive tl possession. Dki. #44 it 12. tutgiveo-the eight"month investigation -by.the Hurnane:Soaietyj 12 which purportedly confirm&.Petland-'spractice of misrepresenting the origi n of puppy mill 13 poppies. (Mt. #1 -T 53), Plaintiffs "Cannot fairly allege that [Petland] has. -sole possession of 14 the facts evidencing [in6jl and.wire fraud] 8'.1olatibn[g]." $initbVine Beacham, 245 -P,3d at 1.5, 1052, 16 Moreover, "Rule9(b) is intended to.prevent tho filing of coinplaintas a pretext 17 for discovery[.]" Carps 9. SnUthi No. CIV 96-1453 PH:K EHC; 1998 W.L 723153, at *4 18 -(P. Ariz. July 20, The Supreme Court has r6bentiy made q lest that even:Ondier"the.: 10 more liberal pleading requirements of Rule: A(A),,:general allegations of misconduct do not. 20 '.unlo.Ok the doors of discovery[.]" ery - shcrqft v. -116& -- U.,S —,-j f29 g Ct 9 7 950 [J' -A .21 (2009). "To allow. Plaifttiff[s]toconduct -discovery as requested wouldsu subvert' the purpose .22: nf the pleading requirements." Cdipa, 1999 WI 7.23153, at *4. 23 Plaihtiffls? reliance on Wont v: Microsoft Corporation, 486 P-3d541- (9-th Ck. 2007), 24 is misplaced. The plaintiffs in that cage spbeitically identified the circumstances of the 25 alleged wire fraud and the.dateg:oft which it occurred. The only deficittic .inthdallegitiong 2;6- was the ngmes.oftho salesclerks who. facilitated the challenged transactions: See id.at 554, 27 Plaintiffs describe Petland's alleged mail and wire fraud as follows: "During the class 28 pbriocL De.fendants.':iljegal conduct and wrongful practices were carried out by an array of -5- Case..:2:09-cv-00529-DGC Dbcumerit4g FiledOB/07/09 Pp&N6bf11 I agents and/or qnplqyees, wofking across state boundaries, who necessarily relied upon :2 freq.0enttrapsfets of documpnts, information and. funds bytheU.S. mails -and iiite.rstatawirc 3 facilities." Dkt.. #1 J:R, This fraud is ridt.r.icarly as specific as that alleged in 0dont. 4 PlAirififfs assert -that mail and wire fraud do not require a misrepresentation acid 5 that the essential element -of those offenses — a "scheme to defraud" — has been pled 6 with particularity: Dkt. #44 at l2;,see DkL #45 at 10. Theppblem-wfththis argument is, that 7 the"scheilie to defraud" desctibedln the coiApIkinrcon is s; allegedftfisr resentatighs s , t df the -ep :8 about the brigitiof Petland piippies. Dkt: #1 - IM.3,.81;see id-IM:30;,37,5.2;Dkt #44at.14-15. 9 The factual circumstances of those statements, Whether communicated through the mails -or 10 Otherwise, must be -- alleged with particularity, See Odom;, 486 FM at 554. .1 l In summary, Plaintiffs' allegations of fraud ar.c.simply "too generalized to satisfy the 12 dictates'ofRile 9(b)." Lancaster, 940 ,F.2d at 405, The Courtwill grant Petiand',s motion 13 to dismiss the RICO claims, foffidlure, to plead fraud with pa4i6ularity. See Schrviberj806 14 'F.2d4tl4Ol.;Moore, 885F;2dAt541-.;see also Howard P.,d.OLln.j.c.,20.8F.5d741 751(9.th 15 eir, 2000) -(failn M to allege substantiVe RICO violation precludes RICO conspiracy claim); 16 Pasamba v. HCC,4., Intl, Inc., No, CV-08-0247-PHX-NVW 2008 WL 2562928 at *7 17 (D- Ariz. June 14, 2008) (same). 18.' 3. Proximate cause. 19 Plaintiffs' alleged damages .are the price they paid for a: Petland puppy and 2G ilori-rdifnbursedveteiiiiaryexpenses. Dkt..#ITT87,99-;see Dkt. #44atl6 ' -Petland argues 21 that the complaint alleges. no facts showing tl►at those damages were caused by Petland's 22 "scheme- to defraud. "' Dkt. #34 it 14-17. Spe0ifically, Petland contends that the absence of 23, any Allegation of reliance on. the.pwpbrtdd hfisropreseritaffons pr I des a finding eb a g of 24 Proximate cause and mandates dismissal of the RICO claims. Id. at 15. 25 The complaint alleges that Plaintiffs purchased a Petland puppy "With the 26 understanding that he was bred under safe: and humane conditions by a reputable breeder - 27 with proper canine husbandry.. practices." Dkt, #1 % 8-13, The basis for `this belief is 28 not pfovid:K and the complaint does not odiorwise allege. that Plaintiffs relied on Case 2:09-cY-00529ZGC DodumOnt.4Q Filed 08107109 Page 7ofll I misrepresentations about the origin of Petland puppies when they -made their purchase. 2 Plaiptiffi cite Bndgp -Li. Phoenix Bond & IndeinnitvCo., 12$ S. Ct. 2131, 2142 (2008), for 3 the.proposition that reliance is ii6t.an elemmt.ofa civil.RICO claim based on mail fraud. 4 Dkt,#44atl5. Bridgeipade clear, however, that while reliabce is trot an element of the 'S cause of action, 'thdpompl&tt ab9dncd ofielianpe maypxeVent the plaintifffroni establishin 6 proximate cadge." 12& S.. Ct. at 2144. 7 Having made clear that they are not seeking damages pn t "fraud on the market" 8 theory (DkL Wat 17); Niintiffg must allege facts showing that Petland's statements gbput 9 the origin ofits puppies wereadirect caUseofPla6ntiff9'ihjufibs; See Greenstein. 9. Peters, 10 No, CV 09--61:04 PSG, 2000 WL 712067 at *3 (CM.. Cal. Man 16 2009.). Although reliance 11 is. not the only way a plaintiff can establish causation in a civil R160 claim predicated on 12 mail or wire fraud, the Court concludes that this is a -case where proof of reiianevis "'a mile 13, post onthe road to causation. "' P6ulos v. Caesars World_tnc., 379 F.3d 04,664 (Oth Cir. 14 2004) (citation omitted); see Negrete v. Allianz Life Ins. Co. qff Am,.238 FRJ)" 482,490 15: (CD. Cal. 2006). The closest -the comp laint domes to alleging x6liance is the allegation that 16 Plaintiffs unwittingly purchas6dpuppy mill .4oV "[4]9 a direct result of Defendants' 17 fraudulent schemdfj" DktAtl IN 87, 99. "This isnot enough. Plaintiffs' incre recitations 19 of the:causation element of the RICO clahn[s] do not provide sufficient grounds for 19 entitlement to relief" In re-Actinimune Afkfg.- Litig, 614 F. SUM 2d 1-037, 1051 (N.D..Cal. 20 2009) (citing Bell Ad. Corp. v. TWombly, 127 S. Ct 1955; 1065 (2007));, see Abalos V. 21 Bronchlck, No. C0.7-844RSL, 20.08 WL 1929993, aT**A (W.D. Wash. Apr. 29, 2008)7 see 22 also lqbid, 129 S. Ct. at 1954 ("[T-]he Federal Rules do -not require courts to credit a 23 conoplAnVs tonclusory statements Without teferefic& to its factual content."), 24 CitingNeWcalIndustries; Inc. v. IKOATOffice S61iftidn, 513 F.3d 1038, 1055 (9thCir. 25 10.08); Plaintiffs contend that ploximato, cause exisft-bedause Plaintiffs were "the t ggeisof . . Arg 26 PeIland'es scheme. to defraud and the.. most direct victim: of that scheme having purchased 27 these puppies directly an from:PQtI d." Dkt. #44 at � 16. Absent some allegation'of reliance, . 28 1 however, Plaintiffs have not shown that they are direciviptiins of fraud. � 7. - Case. 2:09-cV-00529-OGO Document 49 Filed 08107409 Page 8 of 11 I "it is well settled *at, to maintain a civil RICO claim predicated on -mail fraud, a 2 plaint-Iffmust show that tbedefendant.s? d.ilegediigs.coiid-uctpioximai.el.vcagse.dthe-injili.-Y." 3 Poulos, 379 F.34, at 664 (citing Hpinies v: S.ec. Inydsto.?-P?qt.. Corp, 503 UIS, 258, 268 4 (199�2)). 'Troxiinatt causation tbquires.2'gome direct releiti6ft botweeni.thojnJivyAs4eitedand 5 the injuriousp conduct alleged.'" C&yOkC6untyi). Syftgpzfa Seeds, 14e.,519T.3d-969, 9$1 -6 (91h-Cir. 1008) (quoting.Hohnes,_A3- U.S; At 268 ; gee,4izza.v. Ideal &�elSqp Corp.,547 .. . . -) Supply 7 U.S, 451, 461(2000)—In this case, the complaint does not allege facts.showmi a"dired-tand .9 8 proximate causairelatioiiship"betweei)Plainti 'iiiiuiiesiiiidP6ti�md's.pui'o.tt dfrmdulent ffs p d 9 scheftie: Oki ,Senzidonductor Co.:V_ Wells Fargo Bahk,: 298 F.3d 768, 774 -(.9t!i Cir. 2002).. 10 The Court will. grunt Petland's motion.,to dismiss the RICO claims for -failure to plead 11 causation.. Nee Actimmune, 614 K Supp,.2d at 1053; Oreenstein,'2009 WL 71206.7, at *4, 12 R. The. State Law ClalMs. 13 Count three of the, complaint asserts, violations of twenty-one state consumer 14 protection statutes. Dkt. # I I I P.4(6)-(u). Coiint.five asserts a claim uuder the consumorsalps 15 practices act bf'Ohio; Patland's principal place of business. Id. T 116-21. Petlandasseits. 16 and Plaintiffs do, not dispute, that proifthate: causation is an essential elerneift of c - laim 17 brought undcr state consuiner,ptotectioti statutes. Dkt. #34atl4;SOO-Dkt..#44zktl5:-17. 18 Although the proximate cati.816 tequiremdrits of.RICO Are more. stringent.than those of 19 the laws of most -states, see Actimmum,, 614 P. 8upp.Id at 1.053, Pia.ifitiffs' allegations of 20 proximate imate cause are. . too general to 4.vrv.iveP.otL-md'-s-motion todis miss. Count three alleges, .21 in conclugory fashio.ii, thatIals aresult of-Defendapts' misrepresent4tions and/or omissions;, :22 Plaintiffs and the proposed class members have-suffered-anaRcertiaiaablQ-lo$s.an are entitled 23 torelleff,]" Dkt. #11 log. Count five similatly all6gts that "[41s a di.redt.resul.t of the 24 deceptive practices of the Defendants, Plaintiffs and the members of the Class suffered 251 damages.1j" Id. T 121. Plaintiffs' obligati6n under: Rule 8(a) to allege facts• showing an 26 entitlement to relie' 4requites more than labels and conclusions; and a formulaic recitation 27 of the -elements of a cause of action will not do[.]" Twombly, 127 S. Ct: at 1965; see-lqbal., 28 129 S. Ct. at 1949 C.Threadhare recitals of the elements ofa.-cause of action, supported by -8- Case.2:09-cv-4)0529-DW DocUmdnt 49 Rod 08/07109 Page 9 of 11 1 mere Qonclusory statements, do not suffice."), Moreover, to the extent the state law claims, 2 are based on allegations of ffaud, they "fail to meet the specificity required by Rule 9(li)." 3. Acriinmut7e,014F.Supp.,'24atlO55. The Coutt.will grant Petli-nd's Motion With respect to 4 the claiin8 brought uhdei state Wnsumet protection statutes. 5 C. The 1j0ju9t E.nrichniozit UairiL 6 The unjust enrichment claim alleges that "Defendants have profited and benefitted- 7 from their s.chon e to defraudpochasers of puppies from Petland." Dkt. # I T 113 (emphasis 8 added). Because this claim is predicated on fraud,, and Plaintiffs have not pleadfi-aud: with- - - 9 .particularity; the claimmustbedismigsed. See Oarreichee v. Alienwate Corp., 544 F. Supp. 10 2d. 964, 975 (N.D. Cal. 1008) ("[8]ince plaintiff's fraud -based 61imis - have been dismissed, I I plaintiff has no basis for its unjust enrichment claim.'; Yards. v. OdnnellMut. Reinsurance 12 Co.,9.05N.F.2d..9-20,928(lil.Ct.A-pp,:20.09 CSbcausethe-re was no valid underlying fraud 13 61ai`� the trial court pfopetly dismissed plaintiffs unjust .enrichment chiirn."). 14 A SOmmary. is The RICO cIzini.9 must be dismissed to the extent they are, based on allegations of 16 non -disclosure on the part of Petland because Petland owed no 'ditty of disclosure: to 17 FlAintiffs. The RICO claims and the state law consumer. protection claims must be % act - aims 18 dismissed for 'failure to plead 6aud Witli particularity and failure to plead causation 19 adequately. The unjust enrichment elaitri:fails because it. is predicated on the .dismissed 20 fraud -related claims. Given these rulings, the Court -need not address Petland's argume nts 21 that the alle d rhistei5f0s6ntations are mere and that the complaint . alleged MP does not state a 22 legally cognizable i4jury. 23 11. Huntelt Motion. 24 Hunte makes many of the same arguments advanced by Petland' that the complaint 25 fails to plead fraudwith patticuiarity that itfails to allege facts showingptox-imate causation, .2.6 and that the unjust enrichment claim fails as a matter 'of law, Dkt. #33. For reasons 27 explained above, the, Court will grant Hutinte's motion with respect to these issues, 2$- Hunte Also argues that the RICO .conspiracy under U.S.C. 1961(d) fjils . y claim .hn J. ,9- Cage 2;09-cv-00529-DGQ Doputnent-49 FlIed,0810710.9 Page 1.0 of 11 1 becabsethe complaint doesnot adequately allege, an�a&e-einenibetiveefil4unteatI4 Petland. -2 Dkt.'#33 at 12; An agreement to violate'RIC-0 is an essential element of -RICO conspiracy claim. See Oki Semiconductor, 298 F.3d at 774. Plaintiffs allege in the complaint that 4 Hunte% agreement to partitipate in aRICO eftterprJsewith Petlarid"can be inferred from its 5 distribution of puppies bred under inhumane and uns.4fe conditibtis and its willingness to .6 allow false represwitaticris About the value of the Abgg it provided to Petland afid the 7 conditions under which they wexe raised." Dkt. #1 'T 94. Plaitififfs Ontend that this 8 allegation is sufficient because the'agieement "need notbd express as long, as its existehdd 9 can be inferred from the words, actions, or interdependence of .activities and persons: 10 Juvolved..'?' Dkt. #45 at 14-15 (quoting Oki Semiconductor, 208 V.3d at 775). 11 The, complaint's allegations do not permit the Court to infermore than the: mere 12 possibility of a conspiratorial agreb.iia6dt between Hunte and Petland. The: complaint has 13 thef6fore "alleged —but. it has: not `shown' —'that [Plainti.M are] dniitl edto-relief."' Iqbal, 14 129 & Ct-: at: 1950 (q)ibfing Fed. R. Civ. P. 8(d)(2)). Such a complaint trust be dismissed. 15 Id. 16 Hunte contends. that Plaiiitiffis 16ckstanding t. to assert laim$agaitistHunte. Dkt.#33 17 atl-5�15: Plaintiffs:admit thai.the Petland puppies they purchased were supplied bybreeders I$. or distributors other than Hunte. See Dkt-. #1 " -94; Dkt. #45 at 17. Plaindffis,argpd that 19 they nonetheless have sftmding because the e omplaim adequately. asserts: RICO claims 20 And Hunte's role as a co-conspkatpr. Dkt.. #45 at I . 7. Because the RICO claims will be 21 dismissed,, this argurn exit fails. SeeBW - (9th Cir J, V. 4ilton,lndw., Inc., 912 F.2d 291, 294, 22 1990.) (ARICO plaintiff "'only has standing if, and can.ohlyrecoverto the ekte.ntthat he lids 23 beenfinjured in his -business orpioperty by -the conduct constituting the [RICO.] vi.olation"I 24 (quoting Sedima, SP.*RL. v. 1mrex Co., 473 U.S. 479, 496 (1-595)). Plaintiffi have not 25 otherwise shown that they have suffered an injury at •the hands, -of kunte. The Court will 26 therefore grant lluntq's inofiop with respect to its standing argument. 27: 111. Plaintiffs' Request - for Leavg, to Amend. 28 Plaintiffs geek, k la. arnvj2d.fhe complaint to int cure 4ve mpla . . any d4vien.cies found by the Case 2:09-cv-00529-DGC Document. 49 F'116d 08/07109 Pl�ga 11 of 11 1. Court. Dkt:##44 at 12,45 at 17. Because a motiontodismissisnot.a:"responsiv.ppteaciiii-" 2. within the meaning of Rule 15(a), see 51chreiher, 806 F.2d at 1401, Plaintiffs :may file an 3 amended- compl4intas, a mattcr of course. See Fedl It. Civ. P. 15(i)(1)(A), The Court will 4 disiffiss the insiant complaint -without prejudice because Plaintiffi can possibly cure ;its.-Y 5 deficiencies. See Schreiber, 506 F,,2d at 1401; La�eojt, li;a i.� Canstr. Res. Servs., LLC, No. 6 CV-67-0151-PCT-NVW; 2007 WL 1958732, at *6-(D; Mz, jujy Z, 200.7). 7 IT IS ORDERED: 8 1. The motions to dismiss filed Defend0ts Hunt& Corporation and PetlanAjuci 9 (Dkt. 033,34)are.graiited. 10 1. The complaint Pkt 41.) isdigmissed withbut prejudice. 11 3*. Plaintiffs shall have.until AugustI29,1009to file le an amended complaint. 12 DATED this th day of Augw,.200.5. 13 14 is , �. .16. David G. Campbell 17 United Stateg.Djstrict Judge 18* 19 20 21 22 23 24 25 16 27 28 a O o- -a O �, 3 m '00 5' a o W O m rp' C !D O 7 3 Lcn: 3 Ma Qq '^ ou v 3 n Cu a, y rD D O D_ d o m O-� -o n rn fD (D s o Q c= C d o .-. _ r� -i 00 QUn Q' �5.� 3 Z rtw O_� �v '*� rM"M o '-r 7G CA SO �0 O or N <• F y r rD � M c^ 1 /rat _N lu C ro •+ L, v a O a "• a O w 0 C 5 d r�-r O V W n b w r(D to CD Q O -p 7 = 7 O 7 m= in N 3 Ql Ol In rr m d D_ m u. O a 07 m O O aT on 3 �` � C 6i 7�' C0_'1 z Ac '= X '^ A- 7C' 3 y � 7CL a 3LA 0o_ w m c,m ;m m Imo CL 0 0o nCL m �rD Q � n ommr, ro O O �� 3 �m �.� 3 �a 3 ,rta� �Qq O CS o- @ a'ic v� � C omoo c a - �.5� C C '+ O '�" "�'. y '� fSl 4 * j' q 3 � C] 0) � � OI of � as rrDD roR ZA 2 M m �'�Ln cep h fl- —� fp 3 fnD v a = 3- 3 a D wry CD tP fD Q o� m �v h� m o� 3 a ma ,c m a M �' �' C � r+ ,� .� CD CL fD d O S ? .�. y v_ m O r- _ .y b 7 C N m O_ O CL 7 c_ V w1 ? O C �a N �o m a n a 3 a °°<_a CL CL �• ai-0 p 3 c o3 a �' vC. .OA o ocu ZICr a, O r CL mo va o c5' '* = 64 C)4 =- nID rD o �O v9 m �+ Ol lo =/� {A O L O O. v O �? ni n r. [/� n Ko _ Cum� R 3� a m'��a c �CL r-+ 3oa�—id c fD= •�-. .2 � a Boa' a moos 3 " N CL 0 a d o p c7i N p C 3 7 :3oa s v o CL m =r -1 � a m a ra � CD As =; IA m A cr M m cr cm r•► CAD ro pp O oa A �N 3a.c �sg A a O s 2 r Z O D 0-0 V) N p Q r) CD m d ° v ° =. v � �. r=o ° y 3 n p c 01 01 [p Iti f cu o o' ° c" 3FD - v C O1 3 O Cp o fID 3 p N oii x d 7 C) + c z w ° r�D ° r+ O < c n o a ° a< cu v 0 a m o a' o 3 O 00 r* Q N roc 3 j o C - a 3 O N a c m n C r+ N IA O f/! n N ? ro c ° o �^ o m j a o r�D o? Q m O 3 Oa to at o N a, 0 0 0 rD a 3 °a rP c 13A CL z � 3 o c a ni N ,, ID , r ^ Z;i CD �D O r� m 3 c 0 n m `m �' m w� OI rt 0 in d = L Da nr ai `D rF /wm CD '4 dq O1 O d N 3 d ?. a 3 0' m /� C7 3 b_ fp O7 S a ro rm o v c m cam, s 3 3 N r� 'C; 7 N N to CD c x Q .» � o N a> j" °; m - O C CD :+ C S O 0 R o a m o m °- o? F- o m N a C r4 in 3 .. o (/) N ro o_ M � 3 a ° S N Q N a0 H a .O+ 6 S o3a rD 5 3 O � C =r c a 3_ _" o n ° a° A oa O m C -3° a rD c ° < < ro �, Ocu rr O a o g 'n Cr o rrD '* C T d d ? Q C �' ro 1 Q, ID 27ONC C rD� Q ' O Q �. C7 � p a ao �' m 3 N a o ° N !� V rr tD o o O a� g a o x c Q. c O W � p rr Oi a 3 F ra O v ra v oc N O fC CL o °O D m R°O3 m OI Im O N a' c N 3 ^ o r�o Ph -N C � 3 w c C Of 3 y < < c - O 13 � Q d 3 7 ° o an v as �. •C a1 aj - n rs -0 m `/ N• a o -- a ? O ° ` � m a N 3 'S K -0 Cr --I M Z =n n ZPI Z- to -o r O O -, n _— cn , �t 0 rD —. r# rr -4 ram+ ld C r��• `� 0) =. Q rl N Q O rD O ,n} O G O � N O' d 7 tD `ter. 2r Q `C r�1 C 'II n -t t Oa �' -0 r-r LA C 0 =• n a pp r 0- M m =*• o IW rD rDtA O pw N rD Q' C` r-D = CL C rD r_+ O� cn O r1 O �, @ rD LA t i 0� Qj LnfD fD0 �M Dsv rDn' r+ ca raD, fD o e,o ��Mv .oa rD(D �^ rD QOND0a '=--- t _- a) n 0- ti Q N' M � � rD 0 ` aCL c— p 0 I • :I jut pets i n classroom HOW TO APPLY: Aye you Ready to add a pet to YOUR cic1ssRoorn? Kids benefit from exposure to pets in the classroom in ways that help to shape their lives for years to come. CLASSRO Simply visit the website at ww. W. PETS i NTH ECLA55ROO M .0 R0 and fill out the application. If you qualify, we'll send a coupon directly to you for the support of your classroom pets. That's all there is to it! FIND US ONLINE: r.� Vi�"F lk rin A6 iw pets i n classroom How TEACHERS can intRoduce childRen to the benefits of pets. Kids benefit from exposure to pets in the classroom in ways that help to shape their lives for years to come. Learn how you can get funding toward a classroom pet! The Pets in the Classroom Grant Program provides teachers of Pre -Kindergarten through Ninth grade classes in both public and private schools with financial support to help purchase and maintain classroom pets through direct, no -hassle educational grants. Teachers can obtain a grant or coupons for the purchase of new pets and pet environ- ments, or pet food and supplies for existing classroom pets. SO WHY GET A CLASSROOM PET? Pets Aid In Improving School Attendance Students become excited about school because they get to see their animal friends! Pets Encourage Nurturing Kids soon learn that if they want their classroom pet to be happy and healthy, they'll need to treat it carefully and kindly. Pets Build Self Esteem Helping to take care of a pet gives a child a sense of pride and accomplishment. Pets Promote Empathy By caring for a pet, children develop an Increased awareness of the needs and feelings of others,and see how their actions affect their Ilttle friends. TESTIMONIALS 6 G My students have been performing better academically as well as behavior wise. The pets help motivate my students to learn. When they are used in a lesson, my students are automatically interested in learning the material because it has to do with something they like. 1? - Diana Albanez I Los Angeles, CA Pets Teach Responsibility Having to take care of a pet builds a sense of responsibility in children. Pets Stimulate Learning When classroom pets are included in the lesson plan, students will approach learning with a new enthusiasm and interest. Pets Enrich The Classroom Experience Not only do pets bring a new excitement for learning, but they provide a warm and welcoming environment for students. Pets Become Friends Pets provide kids with unconditional love and support. They become a confidant and a non judgmental friend. G G When school first started six weeks ago, I had to write multiple referrals per day for violent acts. Since Ella the Guinea Pig came to share our classroom, I have not had any violent acts and the noise level has gone way down because they don't want her to be frightened. The best part is watching the empathy they developed for Ella begin to transfer to their peers. Ella has done something in four weeks that I may or may not have been able to do all year.» - Marie Roberts I Fort Worth, TX Contact; Matt Coffindaffer Executive Director The Pet Care Trust pets n classroom 3465 Box Hill Corporate Center Dr. Suite H Abingdon, MD 21009 Phone: 240.760.2492 x. 1029 E-mail: mattc@petsintheclassroom.org www.petsintheclassroom.org Funding for Classroom Pets Available to Teachers Pre -kindergarten through 91'' grade teachers who are interested in owning or who already own a classroom pet can apply to receive funding through the Pets in the Classroom grant program. The Pet Care Trust's Pets in the Classroom grant program will be accepting applications forthe 2022- 2023 school year beginning August1, 2022. The grant program, which was established by the Pet Care Trust, provides funding for a small animal or pet supplies to pre -kindergarten through 9th grade teachers in both private and public schools who desire to introduce a pet into the classroom or who already have a pet in the classroom. Interested teachers are invited to apply. While classroom pets are a valuable teaching tool, many teachers have very limited resources forthe support of classroom animals. Through the grant program, teachers have the option of obtaining a pet from one of the program's participating retailers — Petco, Petsmart, Pet Supermarket, Pet Supplies Plus, and Petland — or of purchasing their pet from a local pet store through a rebate grant. Past grant recipients are not eligible to receive fundingfor a new classroom pet, but are welcome to apply for a sustaining grant, which provides up to $50 to maintain an existing classroom pet or purchase another classroom pet. With seven different grant types available, each teacher has the opportunity to choose the grant that is right for him or her through a direct, no -hassle application on the Pets in the Classroom website (www.PetsintheClassroom. org). Classroom pets have made a substantial impact in the lives of students duringthe 2021-22 school year. Through a survey conducted this spring bythe Pets in the Classroom grant program, teachers across the U.S. and Canada shared valuable insight into the multitude of ways that students are benefitingfrom interacting with pets in an educational setting: 0 98% of teachers saw an increase in empathy and compassion, thanksto a classroom pet. a 98% of teachers saw an increase in student responsibility. 0 981/6 of teachers saw an increase in student engagement. • 96% of teachers saw an increase in social skills. 95% of teachers saw some decrease in anxiety amongstudents. • 94% of teachers surveyed saw an improvement in students'seIf-esteem. 0 90% saw a decrease in necessary student disciplinary measures. • 86% ofteache.rssaw an impr6vementin attendance due to the irclass%bm'pat. 84% ofteache rs saw an improvement in test/academic performance. the survey results, which included hundreds of stories shared by.ieachers,:reinforce the'resu Its of numerous studies: there 'are many benefits that pets can provide. -To students, especially in the farm of sbcial-.eFbotional:support. Through the -survey, teachers shared stories about children who were able to overcome anxiety upon returnitigtoschaol, those whose:angerand behavioral issues subsided .after.a classroom pet helped.theni'learn empathy, those who became motivated in learn frig, and more, One teacherstated, "Wehave utilized oarpets.as anxiety -reducers for tests such as the-smAk, orsimpie motivators to positive behaviors and completing work. The piiets are known allaroundthe school and my students'tonfidence has grown:.immensely as they take the pets into..other.;ciasses.and introduce them, I've found my students pre empatheticand share more with a pet than they did Without them h7- our.ciassroom.. The difference in behaviors is aiso:astonishing.. During the.2021-22 school year; -19; 100: Pets.in th'e Classroom grants were awarded to teachers, bringing the:total riuhiberofgrantsissuedto ove.r202;697 since the prograWslfiception in .2010, m0ningah e0mated8.1. million children have experienced the joys and be.riefits of pettare through the grant program. Asteachers look formore.Wi iys"to help with stud ents'social-emotional needs inthe upcoming school year; the Pets iri"the Classroofn grant program is ready to help by providing fundirigfor classroom petstb pre-K-9th grade teachers across the U.S. and Canada begin riingAugust 1. For More information, visit wwW... PetsintheCiassroom,org.. N !C C. O � 1 rr �* o� o� Qo 3 < S 2• O N 7 m K -6 C O— 0 < r3C ti a 2. Q 7 y rr 6 O .v a 'a w n rt CD d n � �r-'^�-n n�on o•r- O` n�� O C to a N Ort K N v Q fD C _ rt n' fQ � �jp `°°+mo N � o -, y X 3o 7 rt (D ID N O M to GQ y .t@n O Ln _Z_ O tD tD O G ram+ O O N+ rnt ON O EnN O 3 r+`� '~' .o r r+ tD r+ Q- w -0 ram+ aj_ tD D- tn r+ X r0+ w n q -o0 m sa 2 Oon 'a(g 4c Y! O D=1(D o(D Co3i Q.�0l< R0) N G �• iD rr fD cD 3 Z•.. fu r* fD 0 D D o to ro ; and j C fD `C C fD 'G rnr a rt c = to'0 6c � � � fli �_. 0 3rt o rt o m (DQ Q°� � 7 r+ p cD Di NfD0 n, N� :3 (A-0� p p_ ? rt m c h a (-Do ' D oZ. !► RII r+ O Q fL N rt C_ fD rt s C) O r3+ O C � R fp f�D C a(A a1 3 f(D3CD � �� 3 n Q a mm CL tj CCD — M 0 j ��o; m3am�°� 020 � C N 3 N [L Ln R `< \O mtootnty tDan 0 roo `�°m a NOS � O =T �-fD n :3 CA :3 N V _ rt N 0 wQ-5 °i m zoo fD 0 V � sm N�Q Q■W rr 3awl :3�° M C 09 D Pet dogs in America DOGS IN AMERICA 83% Dogs Spayed/Neutered ee 70_ Annual Dog Demand "It's a total myth for anybody to say or think that every American who wants a dog can go to a shelter andfind one." Mark Cushing of the Animal Policy Group 3.3M Dogs Enter Shelters Annually According to American Veterinarian Medical Association's 2017-2018 pet ownership study, 76M dogs live in the United States. Douglas Quengua from the New York Times reported that 83 /p of all dogs in America are either spayed or neutered. Kim Kavin reported in the Washington Post demand for dogs in 2016 reached 8M, ASPCA pet statistics wehsite states 3.3M dogs enter shelters annually and 620,000 are reunited with their owners. Where Americans Say They Got Their Dogs 44% ■ Shelters/Rescue 25% • Friends/Family 27% % Breeders/Other 4% • Pet Stores Source: www.animaisheitering.org'Pets by the Numbers' Benefits of Pet Store Dogs Breeder standards of care State and federal breeder inspections Consumer protection laws Record of health and vaccinations Consumer choice and education 1i; Meeting the Demand for Dogs Annual Dog Shelter Dogs Demand Available (after 620k reunited)* 810001000 21680,000 * Source: ASPCA Pet Statistics Gap In Demand 5,320,000 Rescue Dog Imports "The importation of dogs into the United States poses a risk for the introduction of rabies and other zoonotic diseases.". Source: Zoonoses and Public Health In 2019, USDA reported iM dogs are Imported into the US annually. New Asia-1 distemper virus introduced into USA from Korea rescue dogs. •A� Retail Pet Sale Bans Have Not: Shut Down Improved Animal Eliminated Puppy Sales Reduced shelter "Puppy Mills" Welfare Over the Internet population ale Ca e�'� PMANn 11.9 PART OF TMr qni Iffinm Petland is proud of its commitment to animal welfare and to the quality of its pets. The health and well-being of our pets comes first for all of us at Petland. Healthy pets are our #1 priority. The number one reason an individual becomes a Petland franchisee is his or her love of pets. Abnui vedand Petland is the retail pet industry leader in the area of animal care with ongoing staff training programs, in-store animal husbandry systems and community service programs. Petland is an award -winning franchise operation based in Chillicothe, Ohio, with more than 250 full -service retail pet centers across the United States, Canada, Mexico, China, South Africa, Brazil, El Salvador and Saudi Arabia. Petland Is consistently listed among Entrepreneur Magazine's Franchise 5000 top retail pet franchises, ranking 146 for 2022. Petland also ranked 24 in Entrepreneur's Top Global Franchises. Our retail stores offer birds, fish, reptiles, small animals and puppies and kittens, including registerable breeds and designer mixes. In October, 2015, Petland launched a Distribution Center and Warehouse at the Corporate Headquarters in Chillicothe, Ohio. The corporation also developed a process for manufacturing store fixtures and has begun production of such units for use in the U.S. and overseas. In the I T.-;.,:.,11 F .r r,.,,.... tf,.1,...:.,- : Petland Counselors are animal lovers at heart. Many of them come looking for a job and end up finding their purpose. We're so proud that many of our counselors go on to become zoologists, veterinarians, biologists, and animal trainers. : Our in-store, state-of-the- art animal husbandry systems and pet socialization practices at Petland are the result of 55 years of fine-tuning to bring the best health care practices to the pets in our care. T, . - - Prior to the opening of a Petland store, operators and pet counselors receive several weeks of training in animal husbandry, community service, customer service, financial reporting, marketing, merchandising, public relations, sales techniques, and store management. Seasoned operators return to the classroom often, as coursework is offered at Petland, Inc. year-round. ~"rc� -kf v.,r' Petland was founded in 1967 and continues to put veterinary care at the forefront as our pet counselors work everyday to meet the Petland Mission: "Our Pet Gotrnselom are dedicated to m,a10ing the ri with the right customer and meeting the needs of be our customers who already own pets, we are dedivait. � enhancing their knowledge and enjoyment of the hurnan-affirm, bond." —01.m�h - , tAufiisownity Service • — Since 1998 Petland stores have found homes for over 350,000 abandoned or unwanted pets. Additionally, Petland has provided more than $117,000 in gift cards to families adopting pets from our local shelter and supports local food pantries with dog and cat food. • — Petland Pet Counselors educate new puppy and kitten owners about responsible pet care and participate in cooperative programs with local veterinarians to offer customers discount incentives to spay or neuter their pet. • — With this store policy, Petland's goal is to see that no Petland pets end up homeless or in an animal shelter. Occasionally, circumstances arise making it difficult for pet owners to keep their lifetime promises to Petland pets. In these cases, Petland Pet Counselors encourage customers to let Petland help find a new home for their Petland pet. • — Petland puppies also go home with the Petland Enhanced Protection Program (PEPP). This is a strategic partnership combining a national microchip database registry with an Amber Alert -type service, providing an enhanced layer of protection for pets and their families. • — Petland participates in the national Pets in the Classroom program coordinated by the Pet Care Trust. Since 2013 Petland has provided more than 850 grants for teachers to purchase pets and pet supplies for the classroom, enhancing and promoting responsible pet ownership and the human -animal bond. • — Pet therapy is a natural extension of Petland's retail environment. By definition, pet therapy is the use of animals in the therapeutic treatment of humans. At Petland, we commonly take our pets to visit school children and nursing home residents. — Safari Stan's Children's Charities by Petland was formalized in 1994. Petland has two children's charities - Make -A -Wish Foundation® of America and St. Jude Children's Research Hospital. Annually, Petland collects funds year-round for St. Jude, collecting more than $1.1 million total; and, since 1998 has fulfilled more than 925 pet -related wishes for the Make -A -Wish Foundation of America. v — Heartland Canines provides therapy, companion and service dogs for disabled veterans. Petland sponsors the full cost of one training dog per year and has donated more than $81.000. • -Stores have provided financial support and/or feeding programs for more than 200 police K9 units and/or service canines. Petland is proud of its commitment to animal welfare and quality of our pets. Our puppies come from three primary sources: 1. USDA licensed breeders and distributors with no Direct or Critical NCls for the last two years and who have a veterinarian -documented socialization and exercise program and follow veterinarian protocols for skin, coat, nail and dental hygiene. They also cannot have specific Indirect NCIs on their latest Inspection report (Section 2.40). 2. Hobby breeders as defined by the Animal Welfare Act, who raise their dogs in a humane manner. 3. Local adoption pets that are vet -checked, Petland's Director of Animal Welfare Education and the Operations Team visits USDA licensed breeders and distributors to make certain standards are maintained. They also work with local, state and federal regulatory agencies and legislators concerning animal welfare issues and education and host an annual Breeder Education Forum with the USDA for franchisees and breeders. Since 2009, Petland operations staff have participated in more than 1&state breeder conferences; presented 9 educational kennel and veterinarian conferences; and hosted 7 symposiums with the USDA, Ohio Professional Dog Breeders Association, the AKC and the Ohio Dept. of Agriculture. Most Petland puppies and kittens have been checked by at least two, and in many cases three, veterinarians before being offered to customers. Every Petland store has a local consulting veterinarian who performs weekly examinations on new arrivals, completes a Puppy/Kitten Care Record to document each pet's health and sets the protocol for in-store preventative health measures. All Petland puppies are up to date on vaccinations and de-wormings and are microchipped. Customers receive the name and address of the puppy's breeder prior to the sale and also receive a written health warranty for the puppy. Americans want the right to choose where they select their pet,and at Petland, we are committed to providing these families with pets raised by responsible breeders Petland believes the Canine Care Certifiee program is the next logical step and are committed to helping grow the number of Canine Care Certified" breeders. Pet- land's goal is to eventually have all breeders supplying puppies to Petland stores fully compliant with and certified by the program. After multiple years of evaluating the welfare of breeding dogs, Dr. Candace Croney, director of Purdue University's Center for Animal Welfare Science, and her team developed comprehensive canine welfare standards that are outcome -based and focused on achieving healthy dogs whose behavioral needs have been prioritized to set them up for success in homes. The program establishes rigorous standards of care to be followed by professional dog breeders and is combined with regular, third -party, independent audits of breeder operations. The Canine Care Certified"" program was created in 2013. The standards go far above and beyond existing canine care standards. This nationwide, voluntary program not only addresses the health and overall welfare of dogs in the care of breeders in the United States, it isthe only program that also strongly emphasizes their behavioral well-being. The program's standards were developed, peer -reviewed, and are updated in collaboration with renowned scientists and veterinarians with diverse expertise in canine health and welfare sciences, as well as ethics. Breeders seeking to be certified must commit to meet or exceed the rigorous, expert -reviewed Five Pillars of Care for Physical Health, Behavioral Health, Environment, Breeding Life and Retirement, and Caretaker Expectation. They must also agree to the independent audit to confirm compliance with all of the standards. Purdue University's College of Veterinary Medicine recently an- nounced the exciting milestone of 100 certified breeders. The American Veterinarian Medical Association (AVMA) acknowledged and endorsed CCC, an important validation from another leading Veterinary group. :. .