HomeMy WebLinkAbout03-08-99 Resideantial Neighborhoods COMM Mitt Attport:
Residential Neighborhoods Committees
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The March 8, 1999 meeting of the Residential Neighborhoods Committees was called to
order by its Chairperson, Council Member Karl King at 3:02 p.m. in the Council informal
meeting room.
Persons in attendance included Council Members: Varner, King, Pfeifer, Aranowski,
Kelly and Coleman, Kathy Dempsey, Doug Carpender, Sister Gretchen Clark, a Board
Member of Chiara Home,Inc. and Kathleen Cekanski-Farrand.
Council Member King noted that the meeting had been called to discuss concerns raised
with regard to the Chiara Home,Inc. having a pot-bellied pig at its residence.
Council Member Pfeifer noted that she had been contacted by Sister Gretchen Clark of
Chiara Home, Inc., and that she had visited Chiara Home located at 1105 West Jefferson
Boulevard. She noted that because many of the persons who come to Chiara Home are
especially sensitive to animals that the pot bellied pig was selected because it causes few if
any allergies like dogs or cats.
Sister Gretchen provided a handout to the Committee which included a one-page summary
about "Brother Leo"the pot bellied pig and Chiara Home as well as a copy of the •outb
�Bttt� 1Tributtt article dated December 12, 1993 which included a picture of Brother Leo
and how he interacts with the developmentally disabled (copy attached). Sister Gretchen
noted that Brother Leo has been at Chiara Home for over five (5) years and has never
caused any problems. He was trained like a dog and voluntarily removed when contacted
by Code Enforcement to a farm in the county. Sister Gretchen noted that the people at
Chiara Home miss the interaction with Brother Leo. A video was then shown to the
committee showing Brother Leo.
Kathy Dempsey, the Director of Code Enforcement provided a 2-page handout to the
committee entitled "Pros and Cons of Potbellied Pigs" (copy attached). She noted that 2-3
years ago her office received complaints of pigs being harbored in the city limits. Many
were being raised as pets with others for breeding purposes,and were removed by the city.
She noted that veterinarians were not trained to assist them and that there was a problem of
neutering them. She further noted that the City's Animal Shelter is not equipped to handled
these "high risk" animals". She noted that Chiara Home, Inc has a fenced double lot.
When Code Enforcement went to the neighborhood on a complaint UNRELATED to
Chiara Home,the Code Enforcement Officer noted the pot bellied pig. Chiara voluntarily
removed Brother Leo when confronted by the City.
The Council Attorney then provided a 3-page memorandum with 22 pages of
documentation (copy attached). Mrs. Cekanski-Farrand noted that the City added "pot
bellied pigs"to the animal and fowl section requiring five(5) acres in 1994 because of the
breeding of pot bellied pig problem occurring at that time. She noted that under the
Americans With Disabilities Act(ADA)a service animal would include any type of animal
individually trained to provide assistance to an individual with a disability. Since Chiara
Home,Inc. works with the developmentally disabled and since Brother Leo interacts with
the residents, it was her opinion that Chiara Home would be exempt under the ADA
provisions. She noted that the ADA provides great protection for individuals with
disabilities and would take priority over a local or state law or regulation. She noted that
there are several organizations which provide information on service animals which were
detailed in her memorandum and attachments. She suggested that the City of South Bend
Residential Neighborhoods Committee
March 8, 1999
Page 2
review its current ordinance in light of the ADA and the particular facts of Chiara Home
before further enforcement against Chiara Home be taken. She concluded that she believes
that Chiara Home is exempt from the local provisions. She added that this would NOT
open the "flood gates" to other individuals wishing to raise pot bellied pigs in the City
limits. All persons would have to satisfy the provisions of the ADA in order for an
exemption to be permitted.
Council Member King noted that in light of the many meetings scheduled for this afternoon
and since the time has elapsed for this committee meeting, that he would like our Council
Attorney to meet with the City Attorney to see if this matter could be resolved.
In response to a question raised by Dr. Varner, Sister Gretchen noted that Brother Leo was
at their care home for the betterment of the residents. Since it is a home for respite care she
believes that Brother Leo is an intragel part of this care.
Council Member King then provided a Memorandum dated March 5, 1999 entitled "Update
on School Bus Parking"to the committee(copy attached).
Council Member King adjourned the meeting at 3:25 p.m.
Respectfully submitted,
Karl King, Chairperson
Residential Neighborhoods Committee
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Attachments