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HomeMy WebLinkAboutCouncil Minutes - 2001-02-26FEBRUARY 26, 2001 COUNCIL MINUTES CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by Andrea Fyck, King School of Vocal. On motion by Councillor M. Galloway, the minutes of the regular meeting held February 12, 2001, and the special meeting held February 19, 2001, as mailed to the Mayor and Councillors, were accepted. COMMUNICATION REFERRED DIRECTLY TO FILE - (a) Correspondence from Hon. E. Witmer, MPP, dated February 7, 2001 acknowledging receipt of Council's resolution concerning trucking of waste from Toronto to Michigan along Highway 401. Mr. L. Gordon, Manager of Purchasing, appeared as a delegation with respect to the tenders listed on the Committee of the Whole agenda. Mr. Gordon requested consideration of an additional tender outlined in his memorandum dated February 26, 2001 distributed this date, dealing with Tender T01- 026 - Sandrock Creek Greenway Rehabilitation. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler "That Expression of Interest E00-115, Consultant Services - Lower Doon Traffic Study, be awarded to Paradigm Transportation Solutions Limited, Cambridge, Ontario at their estimated fee of $49,129., including G.S.T., based on a satisfactory contract being negotiated and an upset fee being established." - and - "That Expression of Interest E01-008, Consultant Services - Doon Valley Drive - Sanitary Sewer and Watermain Service, be awarded to Earth Tech (Canada) Inc., Kitchener at their estimated fee of $59,733., including G.S.T. and a contingency of $5,075., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Tender T01-011, Fleet Vehicles (Pick-Up Trucks, Vans and Cabs & Chassis) be awarded as follows: Item #1 - One (1) 6,300 lb. G.V.W. All Wheel Drive Pick-up Truck complete to specification CKF-288 - to Stedelbauer Motors Ltd., Kitchener at their tendered price of $23,169., plus G.S.T. and P.S.T. Budget Estimate was $27,000. Item #2 - One (1) 8,600 lb. G.V.W. Pick-up Truck complete to specification CKF-195 - to Weiland Ford Sales Ltd., Kitchener at their tendered price of $22,498., plus G.S.T. and P.S.T. Budget Estimate was $32,000. Item #3 - Five (5) 1,300 lb. G.V.W. Compact Extended Pick-up Trucks complete to specification CKF-306 - to Dennis Murphy Pontiac Buick GMC Ltd., Cambridge at their tendered price of $84,077.50, plus G.S.T. and P.S.T. Budget Estimate was $115,000. Item #4 - Two (2) 8,600 lb. G.V.W. Standard Extended Vans complete to specification CKF-92B - to Weiland Ford Sales Ltd., Kitchener at their tendered price of $47,246., plus G.S.T. and P.S.T. Budget Estimate was $75,000. FEBRUARY 26,2001 COUNCIL MINUTES - 72 - CITY OF KITCHENER Item #5 - One (1) 11,500 lb. G.V.W. Cutaway R.V. Cab and Chassis complete to specification CKF-91 - to Weiland Ford Sales Ltd., Kitchener at their tendered price of $39,528., plus G.S.T. and P.S.T. Budget Estimate was $48,000. Item #6 - One (1) 11,200 lb. G.V.W. All Wheel Drive Dual Rear Wheel Cab and Chassis complete to specification CKF-293 - to Weiland Ford Sales Ltd., Kitchener at their tendered price of $27,082., plus G.S.T. and P.S.T. Budget Estimate was $35,000." - and - "That Tender T01-013, Self Propelled Rotary Mowers, be awarded to Deboers Farm Equipment, Elora, Ontario at their tendered price of $37,200., plus optional four wheel drive at $2,400., cab enclosures for $7,400., front mounted snow blowers at $9,600., and one grass caddy for $9,800., plus G.S.T. and P.S.T." - and - "That Tender T01-026, Sandrock Creek Greenway Rehabilitation, be awarded to 560789 Ontario Limited, o/a R & M Construction, Acton, Ontario, at their tendered price of $170,266.96, including G.S.T." Carried. Mr. Leon Bensason appeared as a delegation with regard to the "2001 Mike Wagner Heritage Awards". Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That the report of Heritage Kitchener be adopted." Carried. Mr. Bensason provided a multi-media presentation of the properties to receive the Fourth Annual Mike Wagner Heritage Awards in 2001 following an invitation extended to the general public to nominate properties for consideration by Heritage Kitchener. The overhead presentation utilized new media technology that allows access through the City's website. The following Awards were presented by Mayor C. Zehr and Councillor M. Galloway. Award of Merit Walper Terrace Hotel Denise Strong John Clinckett (Architect) Mark Woolner (Woodworker) 1 King Street West Outstandinq Achievement Awards Department of Public Works Steve Gyorffy Jeff Bender Eric Gallishan MuirTec Inc. Dave Lappage Huron Road Bridge Janette Byun and Robert Steven Don Lasso Brock Lasso Kurt Lasso 134 Lancaster Street E · J. Steckle Heritage Homestead Dr. Jean Steckle 811 Bleams Road FEBRUARY 26, 2001 COUNCIL MINUTES - 73 - CITY OF KITCHENER Mayor C. Zehr expressed appreciation to all those in the community who had participated in heritage preservation initiatives as well as to staff members for their work in regard to these Awards. Mr. Boris Sniatenchuk appeared as a delegation in support of Clause 1 of the Finance and Administration Committee report. Councillor B. Vrbanovic disclosed a pecuniary interest and abstained from all discussion as he is a member of an organization that receives proceeds from bingos. Mr. Sniatenchuk indicated that he was available to answer any question. As conditions b) and c) of Clause 1 had already been met, Councillor J. Ziegler proposed that these conditions be deleted and replaced with a condition that would provide for a detailed review and compliance of the documentation as provided to the Manager of Licensing this date. Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway "That Clause 1 of the Finance and Administration Committee report be amended by deleting conditions b) and c) and substituting a new condition c) providing for detailed review and compliance of the documentation provided to the Manager of Licensing this date." Carried. Councillor B. Vrbanovic previously disclosed a pecuniary interest and abstained from all discussion and voting as he is a member of an organization that receives proceeds from bingos. Ms. Frances Brecko appeared as a delegation to speak of her concerns, as well as those of her neighbours, regarding the increased Council compensation package recently approved by City Council. Her remarks touched on issues of greed, lack of awareness of economic times, weekly hours required and the need for lower property taxes. Ms. Jean Bailey-Shantz appeared as a delegation to present concerns expressed in her February 13, 2001 letter to City Council. These concerns dealt with crime and drugs in the Downtown core, the actions of the K-W & North Waterloo Humane Society relative to her dog and her inability to secure a Disabled Reduced Fare Transit Pass from Grand River Transit. Mayor C. Zehr responded to the points raised by the delegation and advised her to report harassment issues to the Police; that the City was developing a new contract with the Humane Society; and that he would inquire with Grand River Transit as to the bus pass matter. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler "That the report of the Planning and Economic Development Committee be adopted." Councillor C. Weylie noted that the latest draft of the Standard Form Residential Subdivision Agreement, dated February 20, 2001, had been distributed this date and recommended this document replace the one dated February 12, 2001 referred to in Clause 2 of the Committee report. Mr. B. Stanley advised that at the Committee meeting it had been suggested staff would undertake some minor clarifications with regard to wording of the document and pointed out that Mr. Craig Robson, on behalf of the Waterloo Regional Homebuilders, had reviewed the February 20 draft and concurred with it. On motion by the Mover and Seconder of the report, Clause 2 was amended to provide for adoption of the February 20 document in place of the earlier draft dated February 12, 2001. The report was voted on Clause by Clause. Clause 2 - Carried, as Amended. Balance of Report - Carried. FEBRUARY 26, 2001 COUNCIL MINUTES - 74 - CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That the report of the Community Services Committee be adopted." Carried. Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway "That the report of the Finance and Administration Committee be adopted." Councillor B. Vrbanovic referred to Clause 7 to clarify that it was the intent that staff report back to the Committee before the matter was dealt with. The report was then voted on Clause by Clause. Clause 1 - Dealt with under Delegations and Carried, as Amended. Clause 3 - Carried. Balance of Report - Carried. Recorded pecuniary interest and abstention: Clauses 1 & 3 - Councillor B. Vrbanovic as he is a member of an organization that receives proceeds from bingos. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That the report of the Public Works and Transportation Committee be adopted." Carried. Councillor J. Ziegler referred to discussion that took place at the February 19, 2001 Planning and Economic Development Committee meeting following staff's presentation of a required extension to the Sign By-law deferral. He pointed out that there was no public support for changes to the existing ground sign regulations and that concerns relative to the lack of need for changes had been raised by other Councillors as well as himself. A brief discussion took place with comment from Mr. B. Stanley. Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway "That the following be given as direction to staff with respect to review of the City's Sign By- law: a) conversion of mobile signs to ground signs be prohibited; b) no changes be proposed to existing ground sign regulations dealing with height, size, location and distance from the right of way and any requested variance to the regulations continue to be considered by the Committee of Adjustment; c) other new sign types, such as the 'ad-o-matic' sign proposal, not be excluded from consideration; and, d) fluorescent lettering and signage be prohibited, except with respect to pedestrian/traffic safety, with the by-law to incorporate the reference to colour cards supplied by the paint industry to identify fluorescent colours." Carried. FEBRUARY 26, 2001 COUNCIL MINUTES - 75 - CITY OF KITCHENER Councillor B. Vrbanovic submitted a petition containing 163 signatures requesting installation of traffic signals at the intersection of Lackner Boulevard and Keewatin Avenue in consideration of vehicular collisions, near collisions, traffic volumes and speed. He also noted that the intersection of Lackner Boulevard and Zeller Drive was of similar concern and requested that staff prepare a report on signalization of both intersections following consultation with Regional staff. Councillor M. Galloway tabled a petition containing 164 signatures requesting provision of an Adult Crossing Guard at Glencairn Public School, 664 Erinbrook Drive. He indicated that he had just learned of a meeting being held March 7, 2001 between residents and Traffic staff respecting this safety issue. Mayor C. Zehr provided Council with an update on the following issues involving Regional Council. He indicated that by an 11 to 6 vote, the Region of Waterloo had requested the Province to provide a facilitator to assist in the re-structuring of governance within Waterloo Region. Mayor Zehr also pointed out that while he was at a conference in Ottawa, he had had the benefit of both pro and con comments on amalgamation issues from other Mayors of cities affected. Mayor Zehr referenced activity at the Large Urban Mayors' Caucus of Ontario (LUMCO) to request that the Provincial and Federal governments work with cities to develop a new relationship that would enhance their ability to compete in the world marketplace. He also advised that consideration was given to approaches to the drug problem and organized crime. Further, he noted that the Federal government was being requested to share excise tax revenues on fuel with municipalities. At the request of Mr. G. Sosnoski, City Clerk, Council agreed to add two by-laws to the agenda for three readings dealing with an amendment to the Municipal Code - Chapter 101 (Appointment of Staff) and a Zoning By-law amendment respecting the property known municipally as 950 Highland Road West (Monarch Construction Limited and Robert Kneiss). Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to authorize the borrowing of $98,500,000.00 from January 1, 2001 to September 30, 2001 and $49,250,000.00 from October 1, 2001 to December 31, 2001. (b) Being a by-law to exempt certain lots from Part Lot Control - Lots 17, 18 and 19 and Part of Lot 16, Registered Plan 58M-149 - Templeton Drive and Charleston Place" (c) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (d) To confirm all actions and proceedings of the Council. (e) Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code respecting the Appointment of Staff. (f) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- Monarch Construction Limited and Robert Kneiss - Eastforest Trail. and that the same be taken as read a first time and stand referred to the Committee of the Whole. Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor M. Galloway as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. FEBRUARY 26, 2001 COUNCIL MINUTES - 76 - CITY OF KITCHENER Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes, are hereby adopted and confirmed." Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) (e) (f) Carried. Being a by-law to authorize the borrowing of $98,500,000.00 from January 1, 2001 to September 30, 2001 and $49,250,000.00 from October 1, 2001 to December 31, 2001. (By-law No. 2001-35) Being a by-law to exempt certain lots from Part Lot Control - Lots 17, 18 and 19 and Part of Lot 16, Registered Plan 58M-149 - Templeton Drive and Charleston Place" (By-law No. 2001-36) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. To confirm all actions and proceedings of the Council. Being a by-law to amend Chapter 101 of The respecting the Appointment of Staff. (By-law No. 2001-37) (By-law No. 2001-38) City of Kitchener Municipal Code (By-law No. 2001-39) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- Monarch Construction Limited and Robert Kneiss - Eastforest Trail. (By-law No. 2001-40) be taken as read a third time, be finally passed and numbered serially by the Clerk. Carried. On motion, the meeting adjourned at 8:12 p.m. MAYOR CLERK COUNCIL MINUTES FEBRUARY 26, 2001 - 77 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE That revised Terms of Reference of the Economic Development Advisory Committee b.~e approved in accordance with the changes outlined in the attachment to report BPS-01-018 relating to Sections 1.0, 2.0 (a) & (d) and 3.0 (7) & (11 ). That Council adopt the new 'Standard Residential Subdivision Agreement' dated February 20, 2001 to replace the current 'Standard Form Residential Subdivision Agreement' and instruct the City's Legal Department to use this new agreement in all cases where approval is contingent upon entering into said agreement. (As Amended) COMMUNITY SERVICES COMMITTEE - 1. That a cash grant of $18,860. be approved for the 2001 Open Ears Festival of Sound and Music. That Council approve and authorize the use of the Kitchener Farmers' Market Weekly Rental Agreement, in the form attached to Community Services Department report CSD-01-020 as a pre-approved contract to be used with short term vendors at the Kitchener Farmers' Market. That a grant in the amount of $25,000. be approved for a premier sponsorship for the 12th Annual Ontario Technological Skills Competition being held May 6 - 9, 2001 at the Kitchener Memorial Auditorium Complex. That Council approve the January 29, 2001 Letter of Understanding with Nicholas Rees, Director of the Industrial Artifacts Project, as attached to Community Services Department report CSD-01- 028; and further, That Shelley Adams, Director of Community Programs and Services Division, be authorized to sign the Letter of Understanding on behalf of the City. That the Mayor and Clerk be authorized to execute a Licensing Agreement dated December 19, 2000 with the Kitchener Oktoberfest Lions Club Inc. regarding their use of designated areas in the Grand River Recreation Complex, in the form as attached to Community Services Department report CSD-01-027. 6. That the City of Kitchener participate in the 2001 Ontario edition of Communities in Bloom. FINANCE AND ADMINISTRATION COMMITTEE - That Council approve the request of the Guelph Lions Club, in conjunction with the Kitchener Pioneer Lions Club, to sell media Bingo cards in the City of Kitchener, during the period March 1, 2001 to February 28, 2002, subject to the following conditions: a) that the Guelph Lions Club collects all receipts and pays all expenses, prizes and disburses the proceeds by cheque to the Kitchener Pioneer Lions Club from their Lottery Trust Account; and b) detailed review and compliance of the documentation as provided to the Manager of Licensing this date. (Dealt with under Delegations and Carried, as Amended) That the request of the Regional Pride Committee of Waterloo-Wellington Region to locate a beer tent in Victoria Park for the Pride Day Celebration of June 9, 2001 be approved; and, That the Regional Pride Committee of Waterloo-Wellington Region be permitted to invite a maximum of 12 food and craft vendors to sell in Victoria Park during the Pride Day Celebrations on June 9, 2001, provided that the necessary license is obtained and that a reduced licence fee of $10.00 be applicable; and further, FEBRUARY 26, 2001 COUNCIL MINUTES - 78 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 2. (Cont'd) That since this event is a celebration of community harmony and diversity, it be designated as an event of 'municipal significance' for the purpose of applying for a liquor licence. That the draft Lottery Trust Account Policy appended to Corporate Services Department report CRPS-01-024 be adopted. That the application from Theatre & Company for a "Grant-in-lieu of Building Permit Fee", in the amount of $16,064.80 under the Downtown Financial Incentive Program for construction of a new theatre at 36 King Street West be approved. That consideration of Legal Department report LEG-01-03 (Vacant City Land Located between 98 and 106 Strange Street Surplus to the City's Needs) be deferred and referred to a future Finance and Administration Committee meeting in order to provide the Ward Councillor an opportunity to discuss the proposed use of the land with adjacent owners on Strange Street. That the property known as 11 Mitchell Street, Kitchener, described as Part of Lot 8, Plan 113, designated as Part 1, Reference Plan 58R-3879 and consisting of approximately 3,868 square feet, be declared surplus to the City's needs. That the former Hydro-Electric Commission of Kitchener-Wilmot Sub-station #17 located at 520 Franklin Street North consisting of approximately 6,924 square feet, legally described as Lot 1, Plan 1152 save and except Part 5, Reference Plan 58R-3942, and subject to a combined easement in favour of The Bell Telephone Company of Canada and The Public Utilities Commission of the City of Kitchener, be declared surplus to the City's needs; and further, That staff consult with Habitat for Humanity to determine whether this property is suitable for their use. That Part of the Lot marked "Mount-Hope Cemetery" as shown on registered Plan 385, Part of Park Street closed by by-law 2669 registered as Instrument Number A-7639 and Part of Lot 285 of Registered Plan 385 both to be described in a reference plan, be declared surplus to the City's needs and conveyed to the Regional Municipality of Waterloo for $1.00 for the purpose of two daylighting triangles; and further, That the Mayor and Clerk be authorized to execute documents as required and approved by the City Solicitor. HERITAGE KITCHENER (Meeting of January 11, 2001)- 1. That the following receive Mike Wagner Heritage Awards: Outstanding Achievement Awards 811 Bleams Road J. Steckle Heritage Homestead Long Term Conservation 134 Lancaster Street West Restoration of House Huron Road Bridge Restoration of Bridge Award of Merit 1 King Street West Walper Terrace Hotel Use of Furniture from Old City Hall (Dealt with under Delegations and Carried.) COUNCIL MINUTES FEBRUARY 26, 2001 - 79 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That the Ministry of Transportation and it's Contractor(s) be exempt from the provisions of Article 6 (Construction Work) of Chapter 450 (Noise) of the City of Kitchener Municipal Code from April 1 to September 30, 2001, between the hours of 7:00 p.m. to 7:00 a.m., during the structure rehabilitation of the K-W Expressway, including the Victoria Street underpass and Wellington Street underpass. That Council waive its Consultant Selection Process and retain Stantec Consulting Limited as engineering consultant for the tendering and contract administration of the construction of Block Line Road from Homer Watson Boulevard to Fallowfield Drive, at their upset fee of $78,7OO. That Council approve the reinstatement of one (1) full time position, Rehabilitation Program Technologist, for the Engineering Division of the Public Works Department to be assigned to the annual program for road rehabilitation with the position funded from the design / construction / administrative component of the Capital Resurfacing Budget. That Council approve installation of a storm drain in front of the driveway of 108 Martinglen Crescent at a cost of $5,400. to be funded from the Capital Contingency fund. FEBRUARY 26, 2001 COUNCIL MINUTES - 80 - CITY OF KITCHENER COMMITTEE OF THE WHOLE BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Licences i) Adult Entertainment Parlour Attendant Licence It was resolved: "That Alicia Powell, employed at 4-808 Courtland Avenue East, Kitchener, be granted a 2001 Adult Entertainment Parlour Attendant Licence." ii) Refreshment Stand Licence & Fireworks It was resolved: "That the Forest Heights Community Association, 1700 Queen's Boulevard, Kitchener, Ontario, N2N 3L6, be granted permission to operate a refreshment stand at Westheights Park, Kitchener, on May 21, 2001, provided that the necessary Licence and Health approvals are obtained; and further, That a permit be obtained from the Fire Prevention Office to allow for a fireworks display." 2. Compliance with Restrictions - 55 Webster Road It was resolved: "That on February 26, 2001, the property described as Part 1 on Reference Plan 58R- 1445 and municipally known as 55 Webster Road, Kitchener, complied with the restrictions set out in Schedule 'A' to Instrument No. 290883." 3. Encroachment Aqreement - Manufacturer's Life Insurance Company It was resolved: "That the Mayor and Clerk be authorized to execute an encroachment agreement with The Manufacturer's Life Insurance Company, the registered owner of the property bounded by Charles Street, Francis Street, Joseph Street and Water Street, to legalize existing parking spaces as they encroach 1.7 metres, more or less, at the greatest point, into the Water Street road allowance and 1.2 metres, more or less, at the greatest point, into the Francis Street road allowance." 4. Tenders Dealt with under Delegations. 5. Charitable Refreshment Stand Licence - Greek Orthodox Church of Saints Peter and Paul(527 Bridqeport Road East) Council was in receipt this date of Corporate Services Department report CRPS-01-028 (J. Koppeser), dated February 22, 2001, in response to permission requested in correspondence from the Church dated February 15, 2001. FEBRUARY 26, 2001 COUNCIL MINUTES - 81 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 5. Charitable Refreshment Stand Licence - Greek Orthodox Church of Saints Peter and Paul (527 Bridqeport Road East) - (Cont'd) It was resolved: "That the Greek Orthodox Community of K-W, be granted permission to operate a refreshment stand, on their premises at 527 Bridgeport Road East, Kitchener, on June 9 & 10, 2001 provided the necessary Fire and Health approvals and Licence are obtained, and that a nominal fee of $10.00 be applicable; and further, That since this Festival is a celebration of our ethnic diversity it be declared an event of 'Municipal Significance' for the purpose of liquor licensing." Do.q Desi.qnation Appeal Decisions - Ursula Leith and Marcin Jaskulski Council was in receipt of Notices of Decision with respect to two appeals appended to correspondence from D. Gilchrist, Committee Administrator, dated February 12, 2001. It was resolved: "That the February 6, 2001 decision of the Dog Designation Appeal Committee regarding an appeal filed by Ursula Leith, wherein the Committee rescinds the Prohibited Dog designation, be ratified and confirmed." - and - "That the February 6, 2001 decision of the Dog Designation Appeal Committee regarding an appeal filed by Marcin Jaskulski, wherein the Committee affirms the Prohibited Dog designation, be ratified and confirmed."