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HomeMy WebLinkAboutFebruary 23, 2023 Page 1 of 5 Minutes/Meeting Summary Animal Services Appeal Committee February 23, 2023 Electronic Meeting 4:00 pm Attendees: S. Frost (Committee Member) Councillor S. Butt (Committee Member) L. Murray (Witness) M. Stermasi (Appellant) N. Florio, Animal Services Officer J. Hayden, (Acting) Supervisor, Licensing & Enforcement J. Litoborski, (Acting) Manager, Municipal Law Enforcement Services (Staff Liaison) A. MacGillivray, Committee Coordinator (Recording Secretary) Absent: T. Yan (Committee Member) Item/ Ref # Details & Discussion & Conclusion (summary of discussion) Action Items/Status (include deadline as appropriate) 1. Call to Order J. Litoborski called the Meeting to order and provided an overview of the Appeal Hearing process. 2. Disclosure of Interest No disclosures of interest were noted. 3. Appeal Hearings 3.1 Order to Restrain Appeal Order No. OTR 2023-02 Mentor Stermasi, “Xhoi” N. Florio, Animal Services Officer made a statement to the Committee. Mr. Florio provided an overview of Order to Restrain (OTR) No. 2023-02. He also informed the Committee that since September 2019, City of Pickering Animal Services had received four (4) separate complaints regarding Mr. Stermasi allowing his dog Xhoi to run at large causing negative interaction with residents and their dogs. Mr. Florio provided an overview of each complaint including: Page 2 of 5 Item/ Ref # Details & Discussion & Conclusion (summary of discussion) Action Items/Status (include deadline as appropriate) • September 3, 2019, a complaint that Mr. Stermasi constantly had his dog Xhoi off leash and that the dog charged at the complainant’s wife and their dog; • October 28, 2019, a complaint that Mr. Stermasi continues to walk his dog Xhoi off leash; • December 31, 2021, a complaint that a woman’s dog was attacked by Xhoi in an off- leash park; and, • January 9, 2023, a complaint that Mr. Stermasi continues to walk his dog Xhoi off leash. Mr. Florio explained that Mr. Stermasi was provided advice and education after each complaint and was served the Order to Restrain due to continued non-compliance with the Responsible Pet Owners By-law 6811/07. L. Murray (Witness) made a statement to the Committee. Mr. Murray explained that on March 22, 2019, Mr. Stermasi’s dog Xhoi attacked his dog resulting in a significant wound. Mr. Murray stated that his dog was treated by a veterinary clinic for this injury. Mr. Murray explained that he attempted to visit Mr. Stermasi at his home following the incident and Mr. Stermasi told Mr. Murray to leave his property and that Mr. Murray’s dog was the problem. Mr. Murray also spoke to an incident where Mr. Stermasi’s dog Xhoi was lost, and that he assisted in the search. Mr. Murray explained that Xhoi is off leash frequently and spoke to a time where Xhoi got off leash and attacked his wife. He indicated that Xhoi did not bite his wife, but two people were required to hold the dog back and that his wife was distraught from the incident. Mr. Murray spoke to filing a police report on October 19, 2020, regarding an incident where Mr. Stermasi stood outside his home, making intimidating gestures and remarks. Mr. Murray further spoke to another incident that occurred on January 7th, 2023, where he was at a Page 3 of 5 Item/ Ref # Details & Discussion & Conclusion (summary of discussion) Action Items/Status (include deadline as appropriate) park with his dog, and Xhoi attempted to attack his dog. Mr. Murray picked up his dog so that Xhoi could not reach, and Mr. Stermasi confronted Mr. Murray. Mr. Murray stated that Mr. Stermasi has also used racist remarks towards him regarding where he is from and that he is not welcome in the neighbourhood in past discussions with him. M. Stermasi (Appellant) provided a statement to the Committee. Mr. Stermasi spoke to feeling targeted by Mr. Florio over the past few years and spoke to his concern with lack of evidence. Mr. Stermasi briefly spoke to the October 19, 2020 incident and questioned the legitimacy of the claim as the incident was unreported. Mr. Stermasi spoke to the December 31, 2021 incident, stating that the dog interacting with Xhoi was a female dog that was three times larger than his dog, and that the dog was not spayed. He further indicated that this other dog was harassing Xhoi, and injured Xhoi’s leg by jumping on him. Mr. Stermasi reported that the dogs did fight resulting in scratching, but no biting occurred. Mr. Stermasi spoke to the January 7, 2023 incident and spoke to concerns regarding neighbours sending Mr. Florio pictures and videos of Mr. Stermasi and his dog. He raised questions regarding the definition of “at large” and questioned whether Xhoi was truly at large during these incidents. Mr. Stermasi explained how the previous reports indicated that he was close enough to Xhoi to engage with the other owners and their dogs. Mr. Stermasi again raised that he feels Mr. Florio has been targeting him. J. Litoborski, Manager, Municipal Law Enforcement Services clarified the scope of the appeal, and provided clarification on the definition of at large as it is defined in the Responsible Pet Owners By-law 6811/07. Page 4 of 5 Item/ Ref # Details & Discussion & Conclusion (summary of discussion) Action Items/Status (include deadline as appropriate) Mr. Stermasi continued his statement raising concerns around the lack of evidence that Xhoi bit another dog at the off leash park. He also spoke to the failure of dog owners to adhere to off leash park signage prohibiting dogs that are not neutered or spayed into the off leash area. Mr. Stermasi concluded his remarks stating that he feels that the condition within the Order to Restrain prohibiting his dog from designated off leash areas is an abuse of power. He again restated that he feels that he has been targeted and that there is lack of evidence. A question and answer period ensued between the Committee, Mr. Stermasi, and Mr. Murray regarding: • whether Mr. Stermasi walks the dog off leash other than within designated off leash areas; • whether Mr. Murray has a veterinary report detailing his dog’s injury resulting from the October 19, 2020 incident; • clarification regarding the injury, including the location of the wounds and whether stitches were required; and, • clarification regarding the sex of Mr. Murray’s dog and whether it was neutered. Mr. Murray provided comments regarding the remarks made by Mr. Stermasi regarding photos and videos being taken of him. Mr. Murray clarified that he has a driveway camera and that Mr. Stermasi was recorded within the purview of his this camera. Mr. Stermasi reiterated the lack of evidence for any biting occurring during the December 31, 2021 incident, and spoke to the conversation had with Mr. Florio at the time when the Order to Restrain was issued. The Committee took a brief pause to allow the livestream of the Meeting to be severed. The Committee entered into deliberations on the matter. Page 5 of 5 Item/ Ref # Details & Discussion & Conclusion (summary of discussion) Action Items/Status (include deadline as appropriate) Note: This portion of the meeting was closed to the public. Refer to the In Camera meeting minutes for further information. [City Clerk has custody and control of the In Camera minutes.] The Committee took a brief pause to allow the livestream of the Meeting to be resumed. J. Litoborski stated that the Committee had deliberated and had made a decision. He stated that a written decision will be issued within five (5) business days. 4. Adjournment Moved by S. Butt Seconded by S. Frost That the meeting be adjourned. Carried Meeting Adjourned: 4:46 pm For more information regarding the Animal Services Appeal Committee, please contact: City of Pickering By-law Enforcement Services 905-420-4660 bylaw@pickering.ca