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HomeMy WebLinkAboutFinance & Admin - 1994-01-31FAC\1994-01-31 FINANCE AND ADMINISTRATION COMMITTEE MINUTES JANUARY 31, 1994 The Finance and Administration Committee met this date, commencing at 11:10 a.m., under the Chairmanship of Councillor C. Zehr with the following members present: Mayor D.V. Cardillo, Councillors B. Stortz, T. Galloway, G. Lorentz, J. Smola, M. Wagner, C. Weylie and J. Ziegler. Others present: Councillor G. Leadston, Messrs. T. McKay, R. Freeborn, J. Gazzola, J. Wallace, F.S. Graham, T. Clancy, O. den Ouden, L. Gordon, C. Ford, R. Barton, G. Sosnoski and Ms. D. Arnold. 1. GAS UTILITY BILLINGS Councillor Zehr expressed concern that the period between the time a customer receives a gas utility bill and the payment due date may be too short and asked whether this would change once the new tax and utility billing system is implemented. Mr. den Ouden outlined the payment schedule under the new system and pointed out that customers also have the option of enroling in the monthly budget billing plan. 2. VIETNAMESE POT-BELLIED PIGS The Committee was in receipt of a report from Dr. G. Hess, General Manager, Humane Society. recommending that no change be made to the current by-law which prohibits the keeping of pigs in areas other than those zoned Agricultural. They were also in receipt of Animal Regulation By-laws from the Cities of Waterloo, Cambridge and Toronto. Ms. D. Cruickshank appeared in support of her request that Vietnamese pot-bellied pigs be allowed as pets in residential units. Mr. Greg Fraser was in attendance on behalf of a local landlord and indicated that at present his only concern is for other tenants in apartments or condominiums where such pigs are kept. Mrs. Tilley Prudom appeared on behalf of the Waterloo-Wellington Alliance for Animals and in opposition to the request that the City allow pot-bellied pigs as pets. She circulated a report dated January 31, 1994 recommending that the City uphold the present by-law and that no exemptions be allowed. She referred to the problems which could be created by unscrupulous breeders and expressed concern over the size and weight of a mature pig which could be in excess of 100 lbs. She also referred to potential property damage resulting from the behaviour of pigs and the need for a regulated diet to control weight. Mrs. Prudom noted that the United States Humane Society has circulated a report warning of these and other potential problems and suggested that Council exercise caution in dealing with these and other novelty animals as an undesirable precedent may be established. Ms. Chris Janssen, Branchton, appeared in her capacity as a Vietnamese pot-bellied pig breeder and circulated information on the animals which she normally provides to customers. Ms. Janssen advised that she was in attendance on behalf of pot-bellied pig owners and clarified that the keeping of these animals is not a fad as they have been treated as pets in the United States for over 10 years. She stated that a controlled diet can regulate the mature size of an animal and responded to previous comments concerning the care of and behaviourial traits of pigs. Ms. Janssen advised that she spends between three and four hours with each owner to acquaint them with the animal and its habits. She also pointed out that if the owner is dissatisfied, the pig does not have to be turned over to the Humane Society, but can be sold, returned to her or taken to a compound in Windsor, Ontario. Ms. Janssen added that in 1986 the pot-bellied pig was removed from the exotic pet inventory. She also suggested the following criteria relative to the keeping of such animals: that they must be purebred with an appropriate certificate; all males must be neutered; only one pig allowed per family; and that purchase be from an established breeder. Councillor Wagner inquired as to the control exercised over breeders by the Pot-Bellied Pig Registration Service and Ms. Janssen replied that a breeder could be removed from the organization. In response to a question concerning the medical requirements of pot-bellied pigs, Ms. Janssen advised that they are generally hardy animals and require little in the way of medication. Councillor Ziegler noted that Ms. Janssen's FINANCE AND ADMINISTRATION COMMITTEE MINUTES -7- JANUARY 31, 1994 2. VIETNAMESE POT-BELLIED PIGS (cont.) handout material refers to the pigs as weighing between 50 and 60 lbs. and Ms. Janssen acknowledged that if overfed, the animals could weigh as much as 100 lbs. In response to further questions from Councillor Ziegler, Ms. Janssen advised that the pig's social behaviour depends on how it is raised and dealt with in the home. She added that all pigs sold by her are neutered and have no sexual aggression. Councillor Ziegler inquired as to the impact of pig droppings and noise and Ms. Janssen responded that as regards droppings they are no different than dogs and the animal can be controlled on a leash. She added that when alone a pig will sleep most of the time and squeal only when forced to do something it does not like such as going outside in the winter. Councillor Zehr asked whether Ms. Janssen was aware of the City by-law and she replied indicating that it was her prior impression they were allowed in the municipality and that owners had done research in this regard and been told they could be kept. Councillor Zehr asked whether Ms. Janssen has continued to sell the animals since becoming aware of the by-law and she replied in the affirmative noting that 80 have been sold since 1990, approximately 12 of which are in the Kitchener-Waterloo area. Ms. Natalie Rhodes, a pot-bellied pig owner, advised that she had contacted the City and was told that there was no by-law prohibiting these animals and no problems would arise unless the City received a complaint. She also referred to an article in the K-W Record expressing a similar opinion. Ms. Rhodes circulated several magazines devoted to pot-bellied pigs. She stated that her pet has been taken to schools and hospitals and that she has not personally witnessed any pig aggression. Ms. Rhodes expressed frustration over the printed comments of the Humane Society and offered the opinion that they are based on ignorance of the breed. She suggested that if properly socialized, the pigs are not aggressive, and if Council is concerned over possible property damage, they could require that the animals be leashed. Dr. G. Hess, General Manager, appeared on behalf of the Humane Society and offered the opinion that most residential units cannot meet the requirements of pot-bellied pigs, and that to limit their size is a form of cruelty since the animal is in effect being starved through underfeeding. Dr. Hess clarified that his knowledge of pigs is in part based on his past experience in operating a farm and breeding pigs. In response to a question from Councillor Ziegler, Dr. Hess advised that some diseases are definitely passed from pigs to humans. Councillor Lorentz expressed concern over the mature size of pot-bellied pigs and referred to a handout from Dr. Hess documenting instances where pigs have grown to in excess of 200 lbs. Dr. Hess agreed that if kept under a strict diet, the pig's weight can be kept to 60 lbs., however, underfeeding to keep the animals artificially small is not proper care. In response to a question from Councillor Ziegler, Ms. Arnold advised that it is possible to impose a general limit with respect to all types of animals kept in the City, and clarified that at present pot-bellied pigs are considered livestock and are prohibited in all areas of the City which are not zoned Agricultural. Moved by Councillor M. Wagner - "That no action be taken on the request to amend Chapter 408 (Animals - Regulation) of the Municipal Code so as to allow the keeping of Vietnamese pot-bellied pigs as pets." Councillor Wagner referred to differing perceptions of pigs and offered the opinion that allowing the animals in residential areas could be problematic. He also noted that there have been no submissions from apartment or condominium tenants or the local landlords association. Councillor Stortz indicated his support for the motion of no action, noting that in fairness to citizens Council is obliged to uphold the existing by-law. Councillor Ziegler indicated his support for the motion and drew a parallel between past problems involving dogs and similar anticipated problems with respect to pigs. VIETNAMESE POT-BELLIED PIGS (cont.) The motion by Councillor M. Wagner to take no action on the request to allow the keeping of Vietnamese pot-bellied pigs as pets was voted on and CARRIED. FINANCE AND ADMINISTRATION COMMITTEE MINUTES -8- JANUARY 31, 1994 Councillor Zehr advised that the Committee recommendation would be dealt with by Council on Monday, February 7, 1994 commencing at 7:00 p.m. He noted that anyone wishing to make a presentation at that time should register prior to the meeting. 3. AD HOC COMMITTEE - DOGS The Committee proper was in receipt of a report and recommendations from the Ad Hoc Committee as outlined in the report of Ms. D. Arnold dated January 21, 1994. Ms. Toni Davies appeared on behalf of the K-W Kennel Club and offered the opinion that responsible dog owners and hobby breeders would be hurt by the proposed by-law amendments. She also suggested that the prohibitions under consideration would result in a decrease in the number of properly bred dogs in the City and severely restrict hobby breeders. Ms. Davies stated that one of the proposals (Option C) outlined in Ms. Arnold's report is inaccurately recorded, and noted that she has confirmed this with other Ad Hoc Committee members. She then put forward what in her opinion was the original proposal, namely, that a three dog limit per dwelling would be imposed and where at present more than three dogs are being kept the owner would have the right to keep these animals until they died, with no option for replacement. A maximum of ten dogs could be kept provided the following conditions are met: the owner is a member of a breed club whose standing has been approved by the City; the area where the dogs are kept meets certain property requirements; and that the owner has no registered Noise By-law convictions. Councillor Ziegler asked for clarification of the difference between the proposal put forward by Ms. Davies and Option C in Ms. Arnold's report. Ms. Davies replied that her proposal recognizes owners who have been responsible in the past and on this basis extends the privilege of retaining ten licensed dogs provided this number was kept by the owner prior to December 31, 1993 and that the owner and dog facilities meet the requirements outlined. She added that responsible individuals should not be punished as a result of the actions of a few irresponsible dog owners. Ms. Nancy Hummitzsch appeared in opposition to the proposed Dog By-law amendments. She advised that in 1993 there were approximately 9,600 licensed dogs in the City and less than 1% of these caused problems. Rather than penalize all dog owners and breeders for the actions of an irresponsible few, she suggested that the City expand its Property Standards By-law and charge a $50.00 refundable complaint processing fee as alternatives to the amendments put forward by the Ad Hoc Committee this date. She offered the opinion that the breeding industry would be forced underground which would create problems for both responsible breeders and the City administration. She suggested that restricting the number of dogs will not solve noise related problems and asked Council to exercise caution in dealing with the proposed by-law amendments and to be fair with responsible breeders and owners. Mrs. Brigita Dryngiewicz, Waterloo Canine Inc., indicated that her main concern with Option C as outlined in Ms. Arnold's report is the requirement for membership in the K-W Kennel Club. Ms. Dryngiewicz noted that she operates an obedience school and that upwards of 80% of her referrals are Kitchener residents. She stated that her biggest concern is that a membership requirement relative to a certain club discriminates against other training facilities. She explained that since the K-W Kennel Club itself offers dog training they would be more likely to direct individuals to their own programs rather than referring them to other training facilities. Councillor Lorentz clarified that Condition (a) of Option C in Ms. Arnold's report specifies that the dog owner must be a member in good standing of either the Kitchener-Waterloo Kennel Club, the Canadian Kennel Club or other recognized kennel club. Ms. Dryngiewicz suggested that Canadian Kennel Club membership would not pose a problem as they 3. AD HOC COMMITTEE - DOGS (cont.) are neither a referral service or a competing business as is the K-W Kennel Club. However, she added that there is no other club for non-purebred dogs in the area and that the Canadian Kennel Club may not accept such breeders and owners as members. Councillor Ziegler questioned whether it would be possible in the conditions to add the option of a Waterloo Canine certificate and Ms. Arnold replied that though possible this would open up an exception which would include not only hobby breeders but also individuals who have more than three non-purebred dogs. Councillor Ziegler suggested that anyone who has licensed dogs should be included and Ms. Arnold stated that she would have business related and by-law enforcement concerns in this regard. Councillor Stortz suggested that reference to local organizations could be deleted so that the requirement would be membership in the Canadian Kennel Club plus adherence to a "Code of FINANCE AND ADMINISTRATION COMMITTEE MINUTES -9- JANUARY 31, 1994 Conduct" under development by the K-W Kennel Club. Councillor Ziegler put forward a motion to adopt Option C in the report of Ms. D. Arnold dated January 21, 1994 which would include a conditional grandfathering clause. Councillor Smola indicated his opposition to the motion and his support for Option A. He added that provisions in the existing by-law offer adequate protection. Councillor Stortz asked for clarification from Councillor Ziegler concerning the issue of non-purebred dogs and the die-off provision. Councillor Ziegler replied that his intent would be that non-purebred dogs be included in the grandfathering and die-off provisions. Councillor Wagner offered the opinion that though improved there is room for additional tightening in the enforcement of existing by-laws governing dogs and asked that it be recorded he is more concerned with dog noise than dog regulation and that noise related enforcement should be improved immediately. Councillor Stortz inquired as to when Option C would take effect and Councillor Ziegler replied that it is the intent of his motion that this Option take effect on the date Council enacts the amending by-law. Councillor Stortz asked whether if found guilty of an infraction under the Noise By-law, Mr. C. King would have to immediately reduce the number of dogs he is keeping. Ms. Arnold replied that if one of the conditions in Option C is breached by the owner, they would lose the privilege of keeping more than three dogs and would be charged with keeping more than the allowed number of dogs and the fine would hopefully serve as a deterrent. She added that if any standard established by the K-W Kennel Club were breached, similar action would result. On motion by Councillor J. Ziegler - it was resolved: "That staff be directed to amend Chapter 530 (Dogs) of the Municipal Code in accordance with Option C identified by the Ad Hoc Committee and outlined in the report of Ms. D. Arnold dated January 21, 1994, and further, That the three dog limit with conditional grandfathering provision become effective on the date Council enacts the amending by-law and that the grandfathering provision apply to purebred as well as non-purebred dogs." 4. PUBLIC TENDER SYSTEM Mr. Edmond Meyers appeared concerning his written proposal relative to public tendering for problem solving expertise which was circulated to Members of Council under separate cover. Mr. Meyers read his written submission and recommendation that public corporations be required to disclose all unresolved problems of major public concerns and issue tenders within six months of taking office asking for written proposals aimed at solving such problems on a renumerative basis. PUBLIC TENDER SYSTEM (cont.) On motion by Councillor J. Ziegler - it was resolved: "That the recommendations of Mr. Edmond Meyers relative to the use of the public tender system to resolve problems of major public concern as outlined in his undated submission be taken under advisement." CAUCUSITEMS The Committee resolved itself into caucus to consider Item #2 (Social Contract dispute - G. O'Hagan) on its regular agenda and a single item on the caucus agenda and reconvened at 1:35 p.m. 6. NOTIFICATION OF UNSUCCESSFUL BIDDERS FINANCE AND ADMINISTRATION COMMITTEE MINUTES -10- JANUARY 31, 1994 The Committee was in receipt of an information report from Mr. L. Gordon dated January 26, 1994 in response to Council's request of January 24, 1994. Mr. Gordon further informed the Committee that at present the results of tenders are often sent by facsimile transmission to bidders upon request. By general consent, the Committee accepted Mr. Gordon's report as information. 7. REALLOCATION OF ENERGY MANAGEMENT FUNDS The Committee was in receipt of a report and recommendation from Mr. C. Ford dated January 26, 1994 relative to the automated building control system for the Kitchener Public Library expansion project. On motion by Councillor M. Wagner - it was resolved: "That $50,000.00 of the current Energy Management budget be re-assigned to the Kitchener Public Library expansion project to increase the scope of the automated building control system and energy efficient lighting renovations." 8. SERVICE STATION HOURS OF OPERATION Consideration of this item was referred by Council on January 24, 1994 and the Committee asked to access the feasibility of allowing gas station operators to set their own hours of operation based on market conditions. Councillor Lorentz inquired whether a specific request or complaint had been received from an operator and suggested that in the absence of such no action should be taken at this time. Councillor Zehr asked that if a problem in this regard is brought to the attention of staff or Members of Council, the item should be placed on a future Finance and Administration Committee agenda. 9. VOICE MAIL TECHNOLOGY Mr. Freeborn advised of various opinions with respect to the implementation of voice mail technology, but pointed out that it may be appropriate given the hiring freeze and Council's direction to maintain existing levels of service with no staff increases. He added that the project is presently at the Call for Proposal stage and no further action will be taken pending the direction of Council. Mr. Barton gave a presentation on voice mail technology referring to alternative solutions and the benefits of voice mail. He also circulated a hard copy of his presentation material. In response to a question from Councillor Ziegler, Mr. Barton advised that an expenditure of approximately $125,000.00 is required. He also advised that a presentation had been made to senior management and referred to the demand for such a system in selected departments. Mr. Freeborn added that some departments will require other operational 9. VOICE MAIL TECHNOLOGY (cont.) adjustments if voice mail is not implemented. Councillor Wagner asked whether staff need voice mail and if it will increase productivity. He indicated he would need answers to these questions before dealing with the proposal. Councillor Stortz asked whether a quantifiable payback period had been calculated and Mr. Freeborn replied in the negative, but indicated this could be done and should include the cost of alternate technology required by individual departments. In response to a question from Councillor Zehr, Mr. Freeborn offered the opinion that the City would likely spend the same amount of money on implementing partial solutions as it would to install a comprehensive voice mail system. Councillor Lorentz put forward a motion that no action be taken relative to implementation of a voice mail system. He offered the opinion that this type of technology is neither effective nor appropriate for a public organization and would likely result in caller frustration. FINANCE AND ADMINISTRATION COMMITTEE MINUTES -11 - JANUARY 31, 1994 Councillor Wagner indicated that he would not support a motion of no action at this time but would support deferral which would allow staff to identify department concerns, the possible benefits of the system and the potential payback. Councillor Ziegler also asked that staff obtain the lowest cost figure for a basic system and articulate how such a system would relate to operational needs. On motion by Councillor M. Wagner - it was resolved: "That consideration of the purchase of a voice mail system be deferred for a period not to exceed one month pending further study and receipt from staff of the information requested at the Finance and Administration Committee on January 31, 1994." 10. OTHER BUSINESS Councillor Weylie asked that the Internet computer network report which she had previously requested by included in the February 14, 1994 Finance and Administration Committee agenda. 11. NEXT MEETING The next regularly scheduled meeting of the Finance and Administration Committee will be held on Monday, February 14, 1994. 12. ADJOURNMENT On motion, the meeting adjourned at 2:10 p.m. G. Sosnoski Manager of Corporate Records/Assistant City Clerk