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HomeMy WebLinkAboutFinance & Admin - 1994-09-19FAC\1994-09-19 SEPTEMBER 19, 1994 FINANCE & ADMINISTRATION COMMITTEE MINUTES CITY OF KITCHENER The Finance and Administration Committee met this date, commencing at 10:15 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, C. Weylie, J. Ziegler and M. Yantzi. Councillor M. Wagner was in attendance for part of the meeting. Others present: Councillor G. Leadston, Messrs. T. McKay, T. Clancy, T. McCabe, R.W. Pritchard, J. Witmer, J. Shivas, N. Kuntz, G. Sosnoski and Ms. D. Arnold. KAPS SUGGESTION AWARD Ms. D. Blake presented a cheque and a KAPS Recognition Plaque to Ms. J. Billett for her suggestion relative to Local Improvement inquiries. CHAPTER 530 (DOGS) - MUNICIPAL CODE The Committee was in receipt of a report from Ms. D. Arnold dated September 14, 1994 recommending that Chapter 530 (Dogs) be amended to require the muzzling of dogs that have bitten a person or animal and the imposition of an identification system for identifying such dogs. Ms. Tawny Sinasac offered the opinion that the amendments proposed in Ms. Arnold's report do not go far enough and only propose actions which can be taken after a vicious dog has attacked. She suggested that any amendments should be more proactive and include more stringent leash laws which would require that animals be leashed at all times when out of doors except in a secure pen or a backyard with a sufficiently high fence. She also suggested that Kitchener follow the lead of the City of Cambridge and broaden the terms under which a dog is considered to be running at large. Ms. Sinasac noted that she is the mother of two children and lives next door to a Rottweiler with no physical barrier between the front yards. She noted that the dog has acted aggressively toward her on three occasions and that she would feel much safer if animals of this type were better controlled. She further suggested that the City expand the definition of vicious dogs to include dogs exhibiting aggressive behaviour, increase current fines, recognize that a leash is not synonymous with control, and prevent dogs from running unleashed in City parks. Councillor Galloway noted that Ms. Sinasac has expressed many of his own concerns and views, and noted that an enforcement process which is complaint driven is problematic and in most cases will be reactive. Ms. Sinasac agreed, noting that she has not complained in the past as the Rottweiler who lives next to her has stayed on the property. However, she pointed out that in her opinion the situation is dangerous as there are fifteen children under the age of eleven in the neighbourhood. In response to questions from Councillor Lorentz, Ms. Sinasac clarified that she believes the leashing law should not be breed specific but should apply to all dogs, irrespective of whether they are on public or private property. She also indicated that she agrees muzzling should be mandatory once a dog has bitten. Councillor Yantzi asked what could be done to encourage responsible behaviour by dog owners, and Ms. Sinasac suggested that fines should be higher and be increased for repeat offenders. In response to a question from Councillor Leadston, Ms. Sinasac advised that she agrees with all of the recommendations in the letter from Dr. G. Hess of the Humane Society. Ms. Arnold advised that at present the maximum fine under the City by-law is $5,000.00 per offence and that the Humane Society can issue a summons to repeat offenders which could result in a fine higher than the $35.00 impound fee. In regard to insurance for vicious dogs, she noted that it is possible to place a rider on homeowner or tenant policies to specifically name the dog and that such an amendment relative to Chapter 530 (Dogs) should be considered. Mr. Wilf Bonnell of the Humane Society, pointed out that the type of insurance required under the existing by-law cannot be obtained. Ms. Shannon Boice, a breeder of purebred American Pitbull Terriers, and herself the mother of two small children, indicated that she agrees with stricter leashing requirements, noting that in her opinion retractable leashes are entirely inadequate. She also noted that the two recent FINANCE & ADMINISTRATION COMMITTEE MINUTES SEPTEMBER 197 1994 - 79 - CITY OF KITCHENER 2. CHAPTER 530 (DOGS) - MUNICIPAL CODE CONT'D attacks were the result of owner error and that the discussion should revolve around irresponsible dog owners rather than irresponsible dogs. Ms. Boice added that none of her dogs have ever bitten anyone and she does not allow them to run in a public place. She also indicated her agreement with stiffer laws, but suggested these should not be breed specific. Ms. Boice criticized a recent K-W Record article alleging that several of the comments attributed to her were either incorrect or taken out of context. In response to a question from Councillor Lorentz, Ms. Boice indicated that she supports proper leashing of dogs from the door of their home, noting that this should be mandatory and that solid nylon or leather leashes should be used rather than retractable leashes. Ms. Boice noted that her purchasers are required to sign lengthy contracts which contain detailed information about the Pitbull breed. She also suggested that if an original owner cannot keep a Pitbull the animal should be destroyed, since they do not bond as readily with subsequent owners. She also suggested dogs should be destroyed once they have bitten. Ms. Cindy Mclnnes appeared on behalf of the K-W Kennel Club and noted that a breed specific by-law is not appropriate and that any such legislation should address all potentially vicious dogs. She noted that the Club is requesting an opportunity to work with the City in developing a responsible vicious dog by-law. Councillor Leadston inquired whether Ms. Mclnnes agrees with the nine suggestions in the report from the Humane Society. She indicated that she does not agree in all cases and reviewed these item by item. Councillor Lorentz asked whether Ms. Mclnnes supports the notion of leashing dogs from the door. She replied that she definitely supports this measure as there is a potential for the dog to leave the property if unleashed. Mr. Jerry MacDonald appeared on behalf of the K-W Humane Society and addressed the issue from the view of the Board of Directors. He pointed out that the Society is not in favour of a breed specific by-law as it would be difficult to enforce, especially if the breed is unregistered. He acknowledged that it is difficult to prevent a dog from biting the first time, however, if a dog is found at large on two or three separate occasions there is a high degree of likelihood that the dog will bite or otherwise pose a problem. He indicated that the Society is proposing graduated fines in this regard. He also expressed the opinion that most dogs do not require muzzling under normal circumstances. Councillor Leadston referred to the breed specific list of licences issued by the Human Society in 1994, a copy of which was circulated this date, and inquired as to the statistics for biting relative to these breeds. Mr. MacDonald replied that these statistics are kept by the Regional Health Unit, but are not presently conveyed to the Humane Society. Mr. Brian Hatton of the Regional Health Unit advised that all animal bites are logged by the Unit which is required to quarantine such animals. He pointed out that between 800-1200 animal bites are investigated annually in the Region, but a breakdown by breed or variety is not available at this time. Councillor Leadston asked that Mr. Hatton coordinate a meeting to discuss the collection and sharing of information between all of the agencies involved. Ms. Nancy Hummitzsch appeared on behalf of the K-W Kennel Club. She advised that she had recently contacted the Canadian Kennel Club, a subcommittee of which had met over the weekend and developed twelve pages of guidelines on the drafting of appropriate legislation. She asked for permission to distribute the final draft and work with all of the parties involved. Councillor Leadston suggested that the entire matter be deferred to an October meeting of the Finance and Administration Committee and in the interim Ms. Arnold coordinate a meeting of all the parties involved. Councillor Stortz suggested that this meeting should include the individuals making presentations this date as well as Council representation. In regard to the latter he volunteered both himself and Councillor Ziegler. Councillor Leadston also indicated that he would be willing to attend the meetings on behalf of Council. Councillor Stortz added that such a meeting does not preclude Council from instituting interim measures to control vicious dogs. Councillor Ziegler spoke in favour of interim measures, one of which would require that all leashes be reduced in length from ten feet to five feet. CHAPTER 530 (DOGS) - MUNICIPAL CODE CONT'D FINANCE & ADMINISTRATION COMMITTEE MINUTES SEPTEMBER 197 1994 On a motion by Councillor B. Stortz, It was resolved: - 80 - CITY OF KITCHENER "That the Assistant City Solicitor coordinate a meeting involving representatives of all parties in attendance at the September 19, 1994 Finance and Administration Committee meeting relative to proposed amendments to Chapter 530 (Dogs) of the City's Municipal Code as it relates to vicious dogs in order to consider the opinions put forward at the meeting, and, That Councillors B. Stortz, G. Leadston and J. Ziegler represent Council in this regard, and further, That a report in this regard to available for consideration at the October 17, 1994 Finance and Administration Committee." Moved by Councillor J. Ziegler "That the following interim steps be implemented immediately and be revisited once a more indepth report is received from the Study Committee appointed by the Finance and Administration Committee on September 19, 1994: That all retractable leashes be banned; That all required leashes be no more than five feet in length; That all breeds identified as dangerous to the public, or dogs who otherwise demonstrate a propensity to attack, be muzzled at all times when in public, with these breeds to include Pitbulls, Rottweilers, German Shepherds, Dobermans and Chow Chows." Councillor Lorentz indicated that he supports tougher leash laws, but pointed out that being on a leash does not always mean that the dog is controlled. He also indicated that the issue of enforcement relative to dogs running a large should be addressed and that the second offense should result in an automatic summons. He also asked that the issue of additional insurance also be dealt with this date. Councillor Ziegler asked that his motion be dealt with in three separate parts. The motion by Councillor J. Ziegler to ban retractable leashes was voted on and Lost. The motion by Councillor J. Ziegler to legislate a five foot leash was voted on and Lost. The motion by Councillor J. Ziegler to require muzzling of dangerous dogs and dogs who have shown a propensity to attack was voted on and Lost. On a motion by Councillor M. Wagner, It was resolved: "That the City recommend to the Humane Society that they issue a summons to dog owners for the second and subsequent offenses involving dogs found at large in the municipality, and further, That recognizing the Court's jurisdiction and discretion as regards the levying of fines, and noting that the present by-law makes provision for a maximum fine of $5,000.00, Kitchener Council recommend to the courts that the fines for dogs running at large be increased with each subsequent offense." CHAPTER 530 (DOGS) - MUNICIPAL CODE CONT'D On a motion by Councillor G. Lorentz, It was resolved: "That Chapter 530 (Dogs) of the Municipal Code be amended to reflect that FINANCE & ADMINISTRATION COMMITTEE MINUTES SEPTEMBER 197 1994 - 81 - CITY OF KITCHENER once a dog is found to be "vicious", the owner of such dog will be required to obtain and maintain in force a policy of public liability insurance providing a minimum of $1,000,000.00 third party liability coverage for any damage or injury caused by the dog, and that this coverage take the form of a rider to a homeowner or tenant policy, and further, That the owner of a vicious dog be required to muzzle the animal when in public." Moved by Councillor G. Lorentz "That Chapter 530 (Dogs) of the Municipal Code be amended to reflect that dogs must be leashed either when leaving an owner's property or if on the property, with no appropriate fencing of other containment." Ms. Arnold clarified that the Municipal Act gives the City the authority to require a leash when the dog is off of private property. Councillor Stortz indicated that he supports the intent, however, this may not be reasonable given the current legislation. On a motion by Councillor M. Yantzi, It was resolved: "That the issue of mandatory leashing of vicious dogs on public and/or private property be referred to the working group struck by the Finance and Administration Committee on September 19, 1994 to consider amendments to Chapter 530 (Dogs)." 3. BUDGET REALLOCATION REQUEST - FIRE DEPARTMENT The Committee was in receipt of a memorandum from Deputy Fire Chief N. Kuntz dated September 6, 1994 recommending a transfer of funds to offset budget shortfalls in the areas Safety Equipment and Training. On a motion by Councillor G. Lorentz, It was resolved: "That the Fire Department be authorized to transfer funds between the Salary Surplus, the Safety Equipment and the Training Division accounts to offset an anticipated budget shortfall of approximately $55,000.00 all in accordance with the memorandum from Deputy Fire Chief N. Kuntz dated September 6, 1994." 4. COST VALUATION DISAGREEMENT - HOMEOWNER BUILT PROJECTS The Committee was in receipt of Report No. PD 94/93 from Mr. J. Witmer and Mr. T. McCabe recommending changes to Chapter 710 (Building - Permits and Fees) of the Municipal Code concerning procedures relative to cost valuation disagreement and provision for a revised fee and refund. 4. COST VALUATION DISAGREEMENT - HOMEOWNER BUILT PROJECTS CONT'D On a motion by Councillor J. Ziegler, It was resolved: "That the City Clerk amend Section 710.8.7 (Revised Fee - Refund) and Section 710.8.8 (Cost - Valuation Disagreement) of Chapter 710 (Building - Permits and Fees) of the Kitchener Municipal Code as outlined in Staff FINANCE & ADMINISTRATION COMMITTEE MINUTES SEPTEMBER 197 1994 - 82 - Report No. PD 94/93 dated September 12, 1994." CITY OF KITCHENER 5. LEASE AND OPERATING AGREEMENTS - PROJECT LIFT INC. The Committee was in receipt of a memorandum from Mr. J. Shivas and draft agreements involving the lease of vehicles to Project Lift Inc. and their operation. Councillor Yantzi inquired whether natural gas had been investigated as a fuel for Project Lift vehicles and Mr. McKay indicated that he would look into the matter. On a motion by Councillor C. Weylie, It was resolved: "That the Mayor and Clerk be authorized to execute a lease agreement dated April 13, 1994 between the City and Project Lift Inc. and an operating agreement dated April 13, 1994 between the City, the City of Waterloo and Project Lift Inc. respecting special transit service." 6. TOWN OF OAKVILLE RESOLUTION - CONFLICT OF INTEREST The Committee was in receipt of a report and supplementary information from Mr. R.W. Pritchard dated September 1, 1994 concerning a request from Oakville that Kitchener support its position concerning proposed amendments to Conflict of Interest and Planning legislation. Consideration of this item was referred by City Council on August 22, 1994. Councillor Ziegler suggested that at minimum the City should endorse the Oakville resolution. In referring to proposed amendments to the Conflict of Interest legislation Councillor Ziegler suggested that the form of disclosure which would be required involving the financial assets of candidates would discourage people from running for office. In addition, such disclosures would contain third party information. Mr. McKay advised that the proposed legislation had been debated extensively at a recent Association of Municipalities of Ontario conference. He noted that delegates were generally opposed to the proposed amendments, but took particular exception to the fact that the municipal legislation would not be implemented in a manner similar to its Provincial counterpart. It was noted that it is likely there would be a gatekeeper to control disclosure of such information to the public. A brief discussion took place concerning the necessity of leaving a public meeting once a conflict of interest had been declared and the impact on this on public representatives. On a motion by Councillor J. Ziegler, It was resolved: "That the City of Kitchener endorse the August 8, 1994 resolution of the Council of the Corporation of the Town of Oakville concerning Bill 163, an Act to revise the Ontario Planning and Development Act and the Municipal Conflict of Interest Act, to amend the Planning Act and the Municipal Act and to amend other statutes related to planning and municipal matters, as outlined in correspondence from Ms. C. Shewchuk, Assistant Clerk, dated August 9, 1994." 7. ASSOCIATION OF MUNICIPALITIES OF ONTARIO - INDUSTRY PROPOSAL FOR FUNDING MUNICIPAL RECYCLING PROGRAMMES The Committee was in receipt of a report and recommendation from Mr. T. September 7, 1994 concerning the Association's draft position on the funding recycling in Ontario. On a motion by Councillor G. Lorentz, It was resolved: "That the City of Kitchener request the Regional Municipality of Waterloo to McKay dated of packaging FINANCE & ADMINISTRATION COMMITTEE MINUTES SEPTEMBER 197 1994 - 83 - CITY OF KITCHENER review the Association of Municipalities of Ontario's (AMO) draft position on an industry proposal for funding municipal recycling programs and to respond to the AMO on behalf of all municipalities within the Region." 8. RELIEF FROM DEVELOPMENT CHARGES PAYMENT - ROSEMOUNT DRIVE The Committee was in receipt of Report No. PD 94/83 from Mr. J. Witmer and Mr. T. McCabe concerning an application for reimbursement of development charges relative to construction of two single detached dwellings on Rosemount Drive. Mr. Witmer advised that the owner is very frustrated by the process and feels she has been unfairly hindered in developing the property. He noted that the lots were approved for development by the City, with approvals being twice appealed to the Ontario Municipal Board. He noted that staff feel there should be no exemptions from development charges, and that awarding the grant as requested would set an ill-advised precedent. Councillor Leadston advised that over the years a number of individuals have been prepared to develop the site, and that no one in the residential community adjacent to the property objected to one of the proposals involving a medical building. He added that the interested party was not willing to go through the approval process necessary to construct the building. On a motion by Councillor J. Ziegler, It was resolved: "That no action be taken on the request from the owners of Lots 12 and 13, Registered Plan 937, for a grant in the amount of $9,628.00, being the amount of development charges applicable for construction of two single detached dwellings on the subject properties." 9. LONG TERM FINANCIAL MANAGEMENT AND TAXATION STRATEGY The Committee was in receipt of a report from Mr. T. McKay dated September 14, 1994 recommending various changes with respect to the Mill Rate Stabilization Fund and the three City enterprises. Mr. McKay referred to his report indicating that it was written as a result of last year's budget approval process. He noted that other options for addressing the issue would involve increased taxes and/or a drastic reduction in services. He expressed confidence that with an increase in tax revenues and implementation of productivity improvements, the City could reduce its reliance on the Mill Rate Stabilization Fund. Councillor Zehr noted that he had spoken with Mr. Gazzola concerning the recommendations, who indicated his preference would be to deal with the situation more conservatively. Councillor Ziegler questioned whether it was appropriate to use money from the Mill Rate Stabilization Fund to finance the parking deficit. Mr. McKay replied that all three enterprises are independent, and if it is appropriate to redirect a surplus to the Fund then it is equally appropriate to use the surplus to reduce the deficits in other enterprises. Mr. McKay also emphasized that the recommended financial strategies do not imply that the City can operate without a tax increase from 1995 to the year 2000. 9. LONG TERM FINANCIAL MANAGEMENT AND TAXATION STRATEGY CONT'D On a motion by Councillor B. Stortz, It was resolved: "That Council implement the recommended actions in the report of Mr. T. McKay dated September 14, 1994 relative to replenishing the Mill Rate Stabilization Fund and adoption of a financial management strategy that will, over time, decrease and eliminate the City's dependency on contributions from the Fund." 10. SPORTS HALL OF FAME - 122 FREDERICK STREET FINANCE & ADMINISTRATION COMMITTEE MINUTES SEPTEMBER 197 1994 - 84 - CITY OF KITCHENER The Committee received as information a report from Mr. R. Arnot dated September 14, 1994 concerning progress to date on negotiations with the Canadian Curling Association, Softball Canada and Swim Ontario. 11. OTHER BUSINESS - CITY INSURANCE POLICY Councillor Zehr asked whether the City's current policy addresses the area of liable, and Mr. McKay indicated that he would investigate and report to Council. 12. OTHER BUSINESS -AIR RAID SIREN - LIPPS PARK Councillor Stortz advised of a recent incident involving a faulty air raid siren which sounded during the early morning hours of Saturday, September 17, 1994. He asked that staff respond with a protocol from Nation Defense as regards responding to this type of incident. He also asked for a validation of the necessity of such sirens given recent changes in international affairs. Mayor Cardillo indicated that he would take the request under advisement, and Councillor Stortz repeated his request that a report be prepared by staff for consideration at the next Council meeting. 13. OTHER BUSINESS - REDUCTION IN THE NUMBER OF WARDS AND SIZE OF CITY COUNCIL The City was in receipt of a draft question prepared by Mayor Cardillo for the 1994 Municipal Election Ballot. Councillor Ziegler suggested that the question be amended so as to ask whether the number of Wards and Ward Councillors should be reduced, and Mayor Cardillo agreed to incorporate the suggestion. He also asked that Councillor G. Leadston, who is not a member of the Finance and Administration Committee, be allowed to vote on this issue. Moved by Mayor D.V. Cardillo "That the following question be placed on the 1994 Municipal Election Ballot: 'Should the number of Wards and the size of City Council be reduced from the Mayor and ten Ward Councillors to the Mayor and eight Ward Councillors?'." Councillor Yantzi reminded the Committee that the task force reviewing Regional government will look into the issue of representation, and questioned why the City would involve itself before the study is completed. Councillor Weylie suggested that this issue should be dealt with after the Province decides on how Regional Council will be elected. Councillors Leadston, Stortz and Zehr indicated that consideration at this time was premature, and that the issue should be left at present with the Regional Task Force. Councillor Galloway indicated his support of the Mayor's proposal. A brief discussion also took place concerning representation by the City of Kitchener on Regional Council. 13. OTHER BUSINESS - REDUCTION IN THE NUMBER OF WARDS AND SIZE OF CITY COUNCIL CONT'D Mayor Cardillo advised that the ballot question is one method of allowing public input, and that any resulting changes would not be implemented until the 1997 election. He noted that in 1960 there were sixteen Members of Council and that reducing the number of elected officials as proposed would result in further savings of approximately $44,000.00 a year. He also indicated his intention to approach the issue via petition in the event his recommendation is not endorsed by the Committee. The previous motion by Mayor D.V. Cardillo to place a question on the 1994 Municipal Election Ballot concerning the number of Wards and the size of City Council was voted on and Lost. 14. NEXT MEETING FINANCE & ADMINISTRATION COMMITTEE MINUTES SEPTEMBER 197 1994 - 85 - CITY OF KITCHENER The next regularly scheduled meeting of the Finance and Administration Committee will be held on Monday, October 3, 1994. 15. ADJOURNMENT On motion, the meeting adjourned at 1:20 p.m. G. Sosnoski Manager of Corporate Records/Assistant City Clerk