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03-20-07 Item 18South Miami kviftyl All -Amm icaCAy N* EO CITY OF SOUTH MIAMI lilt fit o92Ya� OFFICE OF THE CITY MANAGER ` INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Julian Perez, Planning Directo<;Z�Z' Date: March 20, 2007 ITEM No. Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 20 -4 OF THE SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO CREATE SECTION 20 -4.12 ENTITLED "REGULATIONS PERMITTING DOGS IN OUTDOOR SEATING AREAS OF PUBLIC FOOD SERVICE ESTABLISHMENTS "; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE Background: In 2006, the Florida State Legislature created Chapter 509.233 F.S. which will permit dogs in designated areas of outdoor restaurants (see attached). The Act is a 3 year pilot program and provides an exemption to the current provisions of State law (s. 509.032(7)) which prohibits dogs in the outdoor portions of public food service establishments. The adopted pilot legislation allows a local government to implement the exemption by adopting the regulations by an ordinance amending the Land Development Code. The City has received a formal request from a local restaurant asking that this type of legislation be enacted. The state law allowing the exemption requires the local government to issue a permit to restaurants submitting applications. The law sets forth the content of the application and further sets forth over a dozen limitations and standards which must be adhered to the restaurant. It is proposed that the City's Land Development Code be amended to include a new Section 20 -4.12 which would include all of the standards specified in the State law. The application would be made to the Planning Department along with an appropriate fee. After a review of the application and a field inspection, a one year permit will be issued along with the annual occupational license renewal. Attached is a copy of a draft ordinance which would permit dogs in the outdoor portions of public food service establishments. Planning Board Action: The Planning Board at its February 27, 2007, meeting, after public hearing, adopted a motion by a vote of 6 ayes 1 nay (Ms. Young) recommending approval the proposed ordinance. Recommendation: It is recommended that the City Commission approve the attached draft ordinance on first reading. Backup Documentation: Draft Ordinance Planning Department Staff Report 2127107 E S S. tatute 509.233 Planning Board Meeting Excerpt 2127107 Public Notices JP /SAY P: \Comm Items\2007\3- 20- 07 \PB -07 -004 LDC Amend Dogs CM Report.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 20 -4 OF THE SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO CREATE SECTION 20 -4.12 ENTITLED "REGULATIONS PERMITTING DOGS IN OUTDOOR SEATING AREAS OF PUBLIC FOOD SERVICE ESTABLISHMENTS "; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, In 2006 the Florida State Legislature enacted Chapter 509.233 which will permit local governments to adopt legislation allowing dogs in designated areas of outdoor restaurants notwithstanding the current provisions of State law (s. 509.032(7)) which prohibits dogs in the outdoor portions of public food service establishments; and WHEREAS, the City of South Miami has been requested to enact the necessary Land Development Code amendment which would allow dogs in the outdoor portions of public food service establishments; and WHEREAS, the Planning Department has prepared Section 20 -4.12 entitled "Regulations permitting dogs in outdoor seating areas of public service food establishments" as an amendment to the Land Development Code which would allow dogs in the outdoor seating areas of public food service establishments ; and WHEREAS, the Planning Board at its February 27, 2007 meeting, after public hearing, approved a motion by a vote of 6 ayes 1 nay recommending that the proposed Land Development Code amendments contained in this ordinance be adopted; and WHEREAS, the City Commission desires to accept the recommendations of the Planning Board and enact the aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20 -4.12 of the Land Development Code is hereby enacted and will read as follows: Section 20 -4.12 Regulations permitting dogs in outdoor seating areas of public service food establishments (A) Application for Permit. A restaurant seeking a permit to allow dogs in outdoor seating areas shall submit the following information to the Planning Department: (1) The name, location, and mailing address of the public food service establishment. (2) The name, mailing address, and telephone contact information of the permit applicant. (3) A copy of the establishment's current City occupational license, City Outdoor Seating Permit, and Florida State Food Service License number: 2 1 2 (4) A diagram and description of the outdoor area to be designated as available to patrons 3 dogs, including dimensions of the designated area; a depiction of the number and 4 placement of tables, chairs, and restaurant equipment, if any; the entryways and exits to 5 the designated outdoor area; the boundaries of the designated area and of other areas of 6 outdoor dining not available for patrons dogs; any fences or other barriers; surrounding 7 property lines and public rights -of -way, including sidewalks and common pathways; and 8 such other information reasonably required by the permitting authority. The diagram or 9 plan shall be accurate and to scale but need not be prepared by a licensed design 10 professional. 11 12 (5) A description of the days of the week and hours of operation that patrons dogs will be 13 permitted in the designated outdoor area. 14 15 (6) A sworn affidavit, which confirms that the food service establishment will conform to 16 all of the applicable standards contained herein and agreeing that the City, upon probable 17 cause to believe that there is a violation of one or more of the standards so stated, may 18 inspect the property to determine if there is a violation. Failure to allow an inspection will 19 result in the automatic cancellation of the permit. Failure to correct code violations, after 20 notice, will also result in the cancellation of the permit. 21 22 (B) Applicable Standards. In order to protect the health, safety, and general welfare of the 23 public, the following requirements and standards must be enforced by the establishment receiving 24 a permit which allows dogs in outdoor seating areas: 25 (1) All public food service establishment employees shall wash their hands promptly after 26 touching, petting, providing service as set forth in No. 7 below, or otherwise handling dogs. 27 Employees shall be prohibited from touching, petting, or otherwise handling dogs while 28 serving food or beverages or handling tableware or before entering other parts of the public 29 food service establishment. 30 (2) Patrons in a designated outdoor area shall be advised that they should wash their hands 31 before eating. Waterless hand sanitizer shall be provided at all tables in the designated outdoor 32 area. 33 (3) Employees and patrons shall be instructed that they shall not allow dogs to come into 34 contact with serving dishes, utensils, tableware, linens, paper products, or any other items 35 involved in food service operations. 36 (4) Patrons shall keep their dogs on a leash at all times and shall keep their dogs under 37 reasonable control at the table where the patron is sitting. 38 (5) Dogs shall not be allowed on chairs, tables, or other furnishings. 39 (6) All table and chair surfaces shall be cleaned and sanitized with an approved product 40 between seating of patrons. Spilled food and drink shall be removed from the floor or ground 41 between seating of patrons. 42 31 3 1 (7) Accidents involving dog waste shall be cleaned immediately and the area sanitized with 2 an approved product. A kit with the appropriate materials for this purpose shall be kept 3 near the designated outdoor area. 4 (8) A sign or signs reminding employees of the applicable rules shall be posted on 5 premises in a manner and place as determined by the local permitting authority. 6 (9) A signor signs reminding patrons of the applicable rules shall be posted on premises 7 in a manner and place as determined by the local permitting authority. The sign shall 8 indicate that any patron may contact 'the South Miami Code Enforcement Department or 9 the Police Department to report any failure to enforce the applicable rules. 10 (10) A sign or signs shall be posted in a manner and place as determined by the local 11 permitting authority that places the public on notice that the designated outdoor area is 12 available for the use of patrons and patrons' dogs. 1.3 (11) Dogs shall not be permitted to travel through indoor or non - designated outdoor 14 portions of the public food service establishment, and ingress and egress to the designated 15 outdoor portions of the public food service establishment must not require entrance into or 16 passage through any indoor area of the food establishment. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 (C) Issuance of Permits and Enforcement (1) The Planning Department shall issue a permit upon satisfaction that the restaurant has submitted the required elements set forth above in (A) and upon the payment of the appropriate fee to the Finance Department. The permit allowing dogs in outdoor seating areas of public service food establishments may be renewed annually and issued in conjunction with the annual occupational license. (2) A permit issued pursuant to this section shall not be transferred to a subsequent owner upon the sale of a public food service establishment but shall expire automatically upon the sale of the establishment. The subsequent owner shall be required to re -apply for a permit pursuant to this section if the subsequent owner wishes to continue to accommodate patrons dogs. (3) The Code Enforcement Division shall regulate and enforce the provisions of this section. Section 3. The regulations set forth in this amendment shall remain in effect until July 1, 2009 or until such time as established by the Florida Statutes. Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 M Section 6. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this ATTEST: CITY CLERK 1st Reading — 2"d Reading — day of , 2007 APPROVED: MAYOR READ AND APPROVED AS TO FORM: COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts Commissioner Beckman: CITY ATTORNEY P: \Comm Items \2007 \3- 20- 07 \PB -07 -006 LDC Amend Dogs Ord.doc South Miami All- Amefiea Citl► I 2001 CITY OF SOUTH MIAMI To: Honorable Chair and Date: February 27, 2007 Planning Board Members From: Julian Pe Re: LDC Text Amendment Planning Director Regulations Permitting Dogs in Outdoor Restaurants PB -07 -006 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 20 -4 OF THE SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO CREATE SECTION 20 -4.12 ENTITLED "REGULATIONS PERMITTING DOGS IN OUTDOOR SEATING AREAS OF PUBLIC FOOD SERVICE ESTABLISHMENTS"; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DA'L'E BACKGROUND In 2006, the Florida State Legislature created Chapter 509.233 F.S. which will permit dogs in designated areas of outdoor restaurants (see attached). The Act is a 3 year pilot program and provides an exemption to the current provisions of State law (s. 509.032(7)) which prohibits dogs in the outdoor portions of public food service establishments. The adopted pilot legislation allows a local government to implement the exemption by adopting the regulations by an ordinance amending the Land Development Code. The City has received a formal request from a local restaurant asking that this type of legislation be enacted. LDC PROPOSED AMENDMENT The state law allowing the exemption requires the local government to issue a permit to restaurants submitting applications. The law sets forth the content of the application and further sets forth over a dozen limitations and standards which must be adhered to the restaurant. It is proposed that the City's Land Development Code be amended to include a new Section 20 -4.12 which would include all of the standards specified in the State law. The application would be made to the Planning Department along with an appropriate fee. After a review of the application and a field inspection, a one year permit will be issued along with the annual occupational license renewal. Attached is a copy of a draft ordinance which would permit dogs in the outdoor portions of public food service establishments. RECOMMENDATION It is recommended that the amendment to Section 20 -4.12 of the Land Development Code be approved. Attachments: Draft ordinance E S S. tatute 509.233 Public notices JP /SAYP:\PB\PB Agendas Staff Reports\2007 Agendas Staff Reports \2- 27- 07\PB -07 -006 LDC Amend Dogs report.doe Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 3 Select Year: 2006 Go The 2oo6 Florida Statutes Title XXXIII Chapter 509 View Entire REGULATION OF TRADE, LODGING AND FOOD SERVICE Chaff COMMERCE, INVESTMENTS, AND ESTABLISHMENTS; MEMBERSHIP SOLICITATIONS CAMPGROUNDS 509.233 Public food service establishment requirements; local exemption for dogs in designated outdoor portions; pilot program. -- (1) INTENT. - -It is the intent of the Legislature by this section to establish a 3 -year pilot program for local governments to allow patrons' dogs within certain designated outdoor portions of public food service establishments. (2) LOCAL EXEMPTION AUTHORIZED. -- Notwithstanding s. 509.032(7), the governing body of a local government participating in the pilot program is authorized to establish, by ordinance, a local exemption procedure to certain provisions of the Food and Drug Administration Food Code, as currently adopted by the division, in order to allow patrons' dogs within certain designated outdoor portions of public food service establishments. (3) LOCAL DISCRETION; CODIFICATION.— (a) The adoption of the local exemption procedure shalt be at the sole discretion of the governing body of a participating local government. Nothing in this section shall be construed to require or compel a local governing body to adopt an ordinance pursuant to this section. (b) Any ordinance adopted pursuant to this section shalt provide for codification within the land development code of a participating local government. (4) LIMITATIONS ON EXEMPTION; PERMIT REQUIREMENTS.-- (a) Any local exemption procedure adopted pursuant to this section shall only provide a variance to those portions of the currently adopted Food and Drug Administration Food Code in order to allow patrons' dogs within certain designated outdoor portions of public food service establishments. (b) In order to protect the health, safety, and general welfare of the public, the local exemption procedure shall require participating public food service establishments to apply for and receive a permit from the governing body of the local, government before allowing patrons' dogs on their premises. The local government shall require from the applicant such information as the local government deems reasonably necessary to enforce the provisions of this section, but shall require, at a minimum, the http: / /www.leg. state.fl.us /statutes /index.cfm? mode = View %20Statutes &SubMenu =1 &App... 1/18/2007 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 3 following information: 1. The name, location, and mailing address of the public food service establishment. 2. The name, mailing address, and telephone contact information of the permit applicant. 3. A diagram and description of the outdoor area to be designated as available to patrons' dogs, including dimensions of the designated area; a depiction of the number and placement of tables, chairs, and restaurant equipment, if any; the entryways and exits to the designated outdoor area; the boundaries of the designated area and of other areas of outdoor dining not available for patrons' dogs; any fences or other barriers; surrounding property lines and public rights -of -way, including sidewalks and common pathways; and such other information reasonably required by the permitting authority. The diagram or plan shall be accurate and to scale but need not be prepared by a licensed design professional. 4. A description of the days of the week and hours of operation that patrons' dogs will be permitted in the designated outdoor area. (c) In order to protect the health, safety, and general welfare of the public, the local exemption ordinance shall include such regulations and limitations as deemed necessary by the participating local government and shall include, but not be limited to, the following requirements: 1. All public food service establishment employees shall wash their hands promptly after touching, petting, or otherwise handling dogs. Employees shall be prohibited from touching, petting, or otherwise handling dogs while serving food or beverages or handling tableware or before entering other parts of the public food service establishment. 2. Patrons in a designated outdoor area shall be advised that they should wash their hands before eating. Waterless hand sanitizer shall be provided at all tables in the designated outdoor area. 3. Employees and patrons shall be instructed that they shall not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved in food service operations. 4. Patrons shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control. 5. Dogs shall not be allowed on chairs, tables, or other furnishings. 6. All table and chair surfaces shall be cleaned and sanitized with an approved product between seating of patrons. Spilled food and drink shall be removed from the floor or ground between seating of patrons. 7. Accidents involving dog waste shall be cleaned immediately and the area sanitized with an approved product. A kit with the appropriate materials for this purpose shall be kept near the designated outdoor http: / /www.leg. state.fl.us /statutes /index.cfm ?mode = View %20Statutes &SubMenu =1 &App... 1/18/2007 Statutes & Constitution :View Statutes : Online Sunshine Page 3 of 3 area. 8. A sign or signs reminding employees of the applicable rules shall be posted on premises in a manner and place as determined by the local permitting; authority. 9. A sign or signs reminding patrons of the applicable rules shall be posted on premises in a manner and place as determined by the local permitting authority. 10. A sign or signs shall be posted in a manner and place as determined by the local permitting authority that places the public on notice that the designated outdoor area is available for the use of patrons and patrons' dogs. 11. Dogs shall not be permitted to travel through indoor or nondesignated outdoor portions of the public food service establishment, and ingress and egress to the designated outdoor portions of the public food 'service establishment must not require entrance into or passage through any indoor area of the food establishment. (d) A permit issued pursuant to this section shall not be transferred to a subsequent owner upon the sale of a public food service establishment but shall expire automatically upon the sale of the establishment. The subsequent owner shall be required to reapply for a permit pursuant to this section if the subsequent owner wishes to continue to accommodate patrons' dogs. (5) POWERS; ENFORCEMENT. -- Participating local governments shall have such powers as are reasonably necessary to regulate and enforce the provisions of this section. (6) STATE AND LOCAL COOPERATION.- -The division shall provide reasonable assistance to participating local governments in the development of enforcement procedures and regulations, and participating Local governments shall monitor permitholders for compliance in cooperation with the division. At a minimum, participating local governments shall establish a procedure to accept, document, and respond to complaints and to timely report to the division all such complaints and the participating local governments' enforcement responses to such complaints. A participating local government shall provide the division with a copy of all approved applications and permits issued, and the participating local government shalt require that all applications, permits, and other related materials contain the appropriate division - issued license number for each public food service establishment. (7) FUTURE REVIEW AND REPEAL. - -This section shall expire July 1, 2009, unless reviewed and saved from repeal through reenactment by the Legislature. History. - -s. 3, ch. 2006 -72. 'Note.- -The word "service" was inserted by the editors Copyright © 1995 -2006 The Florida Legislature o Privacy Statement • Contact Us http: / /www.leg.state.fl.us/ statutes /index.cfm? mode = View %20Statutes &SubMenu =1 &App... 1/18/2007 OUT U `^ � INCORPORATED � 1 927 Q , ._0 R'j CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, February 27, 2007 City Commission Chambers 7:30 P.M. EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called. to order at 7: 40 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Chairman Morton requested a roll call. Board members present constituting a quorum: Ms. Beckman, Mr. Davis, Mr. Farfan, Ms. Young, and Ms. Lahiff, Ms. Yates. City staff present: Julian H. Perez (Planning Director), Sanford A. Youkilis (Planning Consultant), Eve Boutsis (City Attorney), and Lluvia Resendiz (Administrative Assistant). IV. Planning Board Applications / Public Hearing PB -07 -006 Applicant: City of South Miami. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, .AMENDING SECTION 20 -4 OF THE SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO CREATE SECTION 20 -4.12 ENTITLED "REGULATIONS PERMITTING DOGS IN OUTDOOR SEATING AREAS OF PUBLIC FOOD SERVICE ESTABLISHMENTS"; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Morton read the ordinance into the record. Mr. Youkilis introduced the ordinance and provided a brief summary for the proposed ordinance. He explained that the proposed ordinance is a result of the legislature's recently change to the state law allowing local municipalities, based on their discretion, to adopt an ordinance which will permit dogs to be brought to outdoor seating areas of restaurants. The state requires that any city Planning Board Meeting Excerpt February 27, 2007 Page 2 of 3 adopting this ordinance should follow all the regulations that are in the state law and that the ordinance be placed in the Land Development Code. Any restaurant wishing to acquire this privilege must apply for a. permit. The establishment shall submit all the required documents that are requested on the ;permit application. Establishment owners will provide a seating diagram indicating their designated area for this ordinance. A sworn affidavit stating that the food services will conform to all the applicable standards listed in the ordinance should also be submitted. Failure to do so may result in a cancellation of a permit. Recommendation: Staff recommended that the Planning Board approve the ordinance. At this time the Board discussed the item. Chairman Morton expressed concerns about No. 7 criteria which requires employees to wash their hands. He recommended that the statement "all employees should wash their hands" should be included under this section (7 -B). Ms. Boutsis suggested that rather than in No. 7 it should be included in No.l of section B. It shall read "All public food service establishment employees shall wash their hands promptly after touching, petting, or otherwise handling dogs or as provided under number seven. Mr. Morton also expressed concern about the wording "reasonable control." He questioned if there is anything that can be changed saying that "if things really get to a point where the situation is not being handled then someone can be asked leave." Ms. Boutsis explained that some criteria to consider when determining on what is "reasonable control" has to do with the dogs inability to be on chairs /tables and having to be on leashes. Mr. Morton questioned whether cats were included in the ordinance and the response by Mr. Youkilis was a negative. Ms. Young questioned whether dog size mattered and Ms. Boutsis responded with a negative. Ms. Young was concerned that those who dislike dogs would not be considered under this ordinance. Ms. Young indicated she feels uneasy with the idea that dogs may be fed either water or food off the restaurants plates. Furthermore; she questioned someone's ultimate responsibility pertaining to the waste cleanup. Ms. Boutsis responded by saying that it is the owner's responsibility to cleanup the waste. Ms. Yates expressed concern about how the dog area will be designated and who will carry the responsibility for making those decisions. Ms. Yates asked that if there is a constant issue with dogs not being under control who shall be contacted first. Ms. Boutsis suggests that the owner is to be contacted first and then Code Enforcement. In response Mr. Youkilis mentioned that the wording of No. 4 criteria provides for this concern. Mr. Davis expressed concern about the accommodations that will be made for those who do not have a dog and happen to arrive to the restaurant and find there are no available seats due to the new dog ordinance. A member of the public Mr. Mayler answered that as a restaurant owner he would exercise discretion to move either party to a different location. Planning Board Meeting Excerpt , February 27, 2007 Page 3 of 3 Chairman Morton opened the public hearing. Speakers: NAME ADDRESS SUPPORT /OPPOSE Claudia Hauri 5752 SW 77 Terr - - - - - -- Ms. Hauri questioned whether the Red Merchants Association was involved in this ordinance. Sharon McCain Support Ms. McCain mentioned that City of South Miami is not dog friendly enough. She expressed discontent with item A -4 which states that dogs should sit in a designated area. She feels that having to sit in designated areas is discriminatory towards pet owners. Michael Mayler 9920 SW 136 Support Mr. Mayler owner of Deli -Lane stated that the ordinance will be beneficial for many establishments in the city and would hope that the city will pass it. He did not agree with having dogs limited to a particular area but, if the state requires it he will. He concluded by saying that if the ordinance does not pass it will be an economic hardship on his establishment. Karina Duenas 6031 SW 85 Str. Support Ms. Duenas was specifically concerned about the economic impact that this will have on South Miami. Because many work throughout the week over the weekends they enjoy going to South Miami with our children and our pets. If this doesn't pass it will force many people to go to South Beach. She added that she does not agree with having dogs being seated together in a cornered area. Chairman Morton closed the public hearing Motion: Ms. Yates motioned to approve the ordinance. Ms. Lahiff seconded the motion Vote: Ayes 6 Nay 1 (Ms. Young) P: \Comm Items \2007 \3 -20 -07 \Excerpt PB Mins_02 -27 -07 Dogs.doc