Report to/Rapport au:

 

Emergency and Protective Services Committee

Comité des services de protection et d'urgence

 

and / et

 

Corporate Services and Economic Development Committee

Comité des services organisationnels et du développement économique

 

and Council / et au Conseil

 

9 October 2006 / le 9 octobre 2006

 

Submitted by/Soumis par: Steve Kanellakos, Deputy City Manager /

Directeur municipal adjoint,

Community and Protective Services / Services communautaires et de protection

 

Contact Person/Personne ressource : Susan Jones, Director / Directrice

By-law Services / Services des règlements municipaux

(613) 580-2424 x25536, susan.jones@ottawa.ca

 

City-Wide/ Portée générale                                                       

Ref N°: ACS2006-CPS-BYL-0043

 

 

SUBJECT:

SPAY/NEUTER CLINIC UPDATE – September 14th MEETING Disposition

 

 

OBJET :

MISE A JOUR SUR LA CLINIQUE DE STERILISATION ANIMALE – SUITE À DONNER À LA RÉUNION DU 14 SEPTEMBRE

 

 

REPORT RECOMMENDATION

 

That the Emergency and Protective Services Committee and the Corporate Services and Economic Development Committee recommend that Council approve:

a)         authority be delegated to the Deputy City Manager of Community and Protective Services to relocate the City of Ottawa Spay/Neuter Clinic to a suitable facility, with funding to an upset limit of $450,000.00 to cover retrofit and moving costs; and that,

b)         staff pursue sponsorship opportunities to help offset the capital expenditure identified in a); and that,

c)         staff report back to the Emergency and Protective Services Committee and Council early in 2007 with a proposed Spay/Neuter Clinic fee schedule which will allow it to operate on a cost recovery basis, including recovery of facility leasing costs.


RECOMMANDATION DU RAPPORT

 

Que le Comité des services de protection et d’urgence et le Comité des services généraux et du développement économique recommandent ce qui suit au Conseil pour approbation:

a)         que le Directeur municipal adjoint des Services communautaires et de protection soit mandaté pour transférer la clinique de stérilisation animale de la Ville d’Ottawa dans une installation adéquate, grâce à des fonds limités à 450 000 $ pour couvrir les coûts de mise aux normes et de déménagement;

b)         que le personnel recherche des possibilités de parrainage afin d’aider à compenser les dépenses en capital désignée en a);

c)         que le personnel propose au Comité des services de protection et d'urgence et au Conseil, au début de 2007, une grille tarifaire des coûts liés à la clinique de stérilisation animale lui permettant de fonctionner sur une base de recouvrement des coûts, y compris la récupération des coûts de location de l’installation.

 

 

EXECUTIVE SUMMARY

 

Ottawa’s Spay/Neuter Clinic is presently operating out of an 1835 square foot location located at 1851 Merivale Road.  The City negotiated a three-year lease for the site in 2003 when the former Bayview facility was scheduled for demolition.  Other than $4,800.00 annually for utilities, the leasing arrangement represents no cost to the City. The three-year lease contains an option to renew annually for up to five years subject to a clause that provides that either party may terminate the lease with six months written notice.  On May 1, 2006, the landlord provided six months written notice of its intention to terminate the lease agreement effective October 31, 2006, with the option of continuing on a month-to-month basis until December 31, 2006.  This announcement was unexpected.  The City has identified $1.25 million in the 2007 capital budget but was hoping to extend the lease at the current location to allow time for the planning of the new facility.

 

At its meeting of September 14th, the Emergency and Protective Services Committee received for information a staff report which outlined the status of the Spay/Neuter Clinic and a number of options for continuing the services it provides, and directed staff to pursue with the current landlord the possibility of an extension of the lease beyond December 31, 2006 and to report back to Committee with the results of the aforementioned discussions, as well as any other options for the delivery of the Spay/Neuter Clinic services.

 

Staff approached the current landlord without success, save for the offer of the donation of all the fixtures that the Clinic has been using at this site.  With that avenue closed, staff is currently investigating the possibility of relocating the Clinic, on a temporary basis, to the Ottawa-Carleton Wildlife Centre facility.  Should that avenue also fail however, the only feasible and reliable option to continue the Spay/Neuter Clinic services, without or with minimal interruption, would involve a lease arrangement.

 


Capital funding for retrofitting is required but, staff will pursue sponsorship opportunities to help offset those costs.  Staff will report back with a proposed Clinic fee schedule, which will incorporate facility leasing costs, with a view to operating the Clinic on a cost-recovery basis in accordance with previous Council direction.

 

RÉSUMÉ

 

La clinique de stérilisation animale de la Ville d’Ottawa dispense actuellement ses services dans des locaux d’une superficie de 1 835 pieds carrés situés au 1851, chemin Merivale. La Ville a négocié un bail de trois ans en 2003, époque à laquelle l’ancienne installation de Bayview devait être démolie. Exception faite des frais annuels de 4 800 $ pour les services publics, le bail n’entraîne aucun coût pour la Ville. Il comporte une option de reconduction pour des périodes d’un an (jusqu’à un maximum de cinq ans), chacune des parties pouvant résilier le bail à la condition d’en aviser l’autre partie par écrit six mois à l’avance. Le 1er mai 2006, le propriétaire a donné avis par écrit de son intention de résilier le bail le 31 octobre 2006, tout en offrant la possibilité de le reconduire de mois en mois jusqu’au 31 décembre 2006. Cette situation n’était pas prévue. La Ville a réservé 1,25 million de dollars pour la clinique dans le budget des immobilisations pour 2007, mais elle espérait pouvoir reconduire le bail pour l’installation actuelle afin d’avoir le temps de planifier la nouvelle installation.

 

Lors de sa réunion du 14 septembre, le Comité des services de protection et d'urgence s’est vu remettre, à titre informatif, un rapport précisant le statut de la clinique de stérilisation animale et mentionnant un certain nombre d’options relatives à la poursuite de son exploitation. Le Comité a demandé au personnel d’examiner avec le propriétaire actuel la possibilité de prolonger le bail au-delà du 31 décembre 2006 et de rendre compte des résultats de ces discussions ainsi que de toute autre option de prestation de services à la clinique de stérilisation animale.

 

Des membres du personnel se sont entretenus sans succès avec le propriétaire actuel, à l’exception de l’offre de don de tous les accessoires fixes utilisés sur place par la clinique. Cette option étant donc écartée, le personnel envisage de transférer temporairement la clinique à l’Ottawa-Carleton Wildlife Centre. Si cette option devait également s’avérer inapplicable, la seule possibilité réalisable et fiable d’offrir des services à la clinique de stérilisation animale sans fermeture ou sans longue interruption consisterait à passer un accord de location.

 

Des fonds pour dépenses de capital servant à la mise aux normes sont requis mais le personnel recherchera des possibilités de parrainage afin d’aider à compenser ces coûts. Le personnel proposera une grille tarifaire des coûts liés à la clinique, qui tiendra compte des coûts de location de l’installation, en vue d’exploiter la clinique sur une base de recouvrement des coûts, conformément à une demande antérieure du Conseil.

 

BACKGROUND

 

The City of Ottawa Spay/Neuter Clinic was established in 1978 with a Council-approved mandate of making pet sterilization services more accessible to and affordable for pet owners who might not otherwise have their pets spayed/neutered, thereby encouraging the sterilization of the optimum number of cats and dogs.  The overall objective is to reduce the unwanted pet population, thereby reducing the need for care and shelter for homeless animals, the euthanasia rate and hence, the costs of animal care and control, which are borne by the municipality.  The Spay/Neuter Clinic provides pet sterilization services at fees that are approximately 50%-60% of those charged by the local private industry.  Additional information concerning the policy mandate and operation of the Clinic can be found in report ACS2006-CPS-BYL-0031 (ref. September 14, 2006 EPS Committee).

 

The Clinic had been operating from a facility located at 95 Bayview Road since its establishment in 1978 and the facility was slated for demolition by late 2003.  In July 2003 therefore, City Council considered an Emergency and Protective Services staff report concerning the status of the Spay/Neuter Clinic and directed and authorized staff to:

·        decommission and vacate the Bayview location by November 30th, 2003;

·        continue the services provided by the Spay/Neuter Clinic on the same cost-recovery basis at an alternate location;

·        continue to investigate alternate locations and to conclude negotiations to lease a facility and to execute any required documentation in accordance with the provisions of the Delegation of Authority By-law 2001-12, as amended, provided that costs for retrofitting and leasing be identified in the existing budget and that such lease not exceed a 3-year term with an annual 1-year renewal requirement, and subject to a report back to the appropriate Committee and Council in the event that such arrangements cannot be made.

 

Following the foregoing direction of Council, staff identified the 1835 square foot location at 1851 Merivale Road and negotiated a three-year lease, with the option to renew annually for up to five years.  A clause, which provides that either party may terminate the lease with six months written notice is also part of the lease agreement.  Other than $4,800.00 annually for utilities, the leasing arrangement represents no cost to the City.  On May 1, 2006, the landlord provided six months written notice of its intention to terminate the lease agreement effective October 31, 2006, with the option of continuing on a month-to-month basis until December 31, 2006.  This announcement was unexpected.

 

At its meeting of September 14, 2006 and after hearing from a number of delegations, the Emergency and Protective Services Committee (EPSC) received for information a staff report which outlined the status of the Spay/Neuter Clinic as well as a number of options being investigated with a view to continuing the services provided by the Clinic, including city-owned buildings/properties as well as leased facilities, along with cost estimates.  At that time, EPSC approved the following motion:

 

WHEREAS, the City of Ottawa Spay/Neuter Clinic was established in 1978 to provide accessible and affordable dog and cat sterilization services with a view to: encouraging pet spaying/neutering; reducing the population of pets in need of care and shelter, as well as the euthanasia rate; and, ultimately, reducing the costs of animal care and control which are borne by the municipality;

 

AND WHEREAS, the Clinic operation was housed at 95 Bayview Road until 2003, when, as a result of the requirement to demolish the Bayview Road site, staff reported to Council with alternate service delivery options for consideration;

 

AND WHEREAS, during the 2003 discussions concerning the Clinic, Council recognized the valuable service provided to the public by the Clinic and re-affirmed its desire to continue those services on a cost-recovery basis, directing staff to continue to investigate alternate locations and to conclude negotiations to lease a facility;

 

AND WHEREAS, following the foregoing direction of Council, staff identified the 1835 square foot location at 1851 Merivale Road at which the Clinic is currently located, and negotiated a three-year lease, with the option to renew annually for up to five years and with a provision that either party may terminate the lease with six months written notice, all at no cost to the City other than $4,800.00 annually for utilities;

 

AND WHEREAS, on May 1, 2006, the landlord provided six months written notice of its intention to terminate the lease agreement effective October 31, 2006, with the option of continuing on a month-to-month basis until December 31, 2006;

 

AND WHEREAS, in light of the timing of the landlord’s unexpected announcement as well as the results of staff’s preliminary work to date with respect to options for service delivery, there are clearly insufficient time and resources to fully identify, review and implement any such options by year’s end;

 

THEREFORE BE IT RESOLVED THAT staff be directed to:

 

1.      pursue with the current landlord the possibility of an extension of the lease beyond December 31, 2006, the negotiation of which may include the offer of payment of leasing costs, and may result in an increase in spay/neuter clinic fees to offset any expenditure related to lease costs, in accordance with Council’s previous direction to continue the services of the Spay/Neuter Clinic on a cost-recovery basis; and,

 

2.      report back to Committee with the results of the aforementioned discussions, as well as any other options for the delivery of the Spay/Neuter Clinic services, including costs, as necessary.

 

DISCUSSION

 

Current Location

 

In accordance with the September 14 EPSC direction, staff approached the current landlord with respect to the possibility of extending the lease beyond December 31, 2006.  The written portion of the submission to the landlord included a copy of the staff report (ref. ACS2006-CPS-BYL-0031), the September 14th EPSC motion, and recent local print media coverage of the issue.  On October 6th, staff received written confirmation from the landlord that, most regrettably, such an extension cannot be granted since it would conflict with a planned schedule for the construction of an expanded service at that location.  The landlord did however indicate that all the fixtures that the Spay/Neuter Clinic has been using at this site, valued at approximately $35,000, would be donated to the City should it be of use at another location.

 

Other Option

 

With the elimination of the foregoing avenue, and given time and budget constraints, another similar existing facility would be the ideal option.  Staff is currently aware of one other facility that would likely require limited investment for purposes of retrofitting for the Spay/Neuter Clinic – the Ottawa-Carleton Wildlife Centre (OCWC).  The OCWC, which had been providing wildlife rehabilitation services from a building located at Nortel Networks Carling Campus, discontinued providing those services a few years ago. That building, which included veterinary facilities, is likely to be suitable to house the Clinic operation and would seem to be a reasonable and prudent option, particularly given that, when it was built in the early 1990’s, significant public funds from all levels of government, in the hundreds of thousands of dollars, were invested in its construction.

 

Worthy of note is that, although the OCWC is no longer involved in wildlife rehabilitation, it is now engaged in supporting wildlife through public awareness and education.  The OCWC provides: public education and outreach through school programs and community presentations and events; public awareness through various written materials and communication vehicles such as community newspapers; and public policy strategies through involvement with other stakeholder organizations working on behalf of progressive environmental goals.  On that basis, there may be implications with respect to the delivery of its services if the Spay/Neuter Clinic were collocated with it.

 

Nortel Networks, the landlord of the OCWC and also a financial contributor towards the building itself, has indicated that it would have no issues with the City’s Clinic being temporarily located at that site.  Staff has met with the President of the OCWC who has committed to taking the matter before the Board of Directors.  Information with respect to the compensation, if any, that the OCWC may desire or to logistical concerns it may have is not yet available in any detail.

 

Should this option come to fruition and given the anticipated limited investment required, the Clinic could still ultimately be housed with the Ottawa Humane Society (OHS) and the Municipal Animal Shelter (MAS) – operated on the City’s behalf by the OHS under a purchase of service agreement – as part of a public-private partnership with the OHS, which has a mandate complementary to that of the City and plans to build a new facility in 2008-2009.  This is the best and most prudent option to secure the long-term future of the Spay/Neuter Clinic.

 

Leasing Arrangement

 

Should negotiations with the OCWC fail and to comply with the direction to staff to continue the services provided by the Clinic without or with minimal interruption, the only feasible and reliable option would involve a lease arrangement.  The Real Property and Asset Management Branch advises that annual leasing costs for retail space range from $25.00 to $40.00 per square foot representing a total annual cost, based on 2,000 square feet, ranging from $50,000 to $80,000, and for industrial space from $12.00 to $17.00 per square foot, representing a total annual cost from $24,000 to $34,000.  It is expected that industrial space would be pursued.  In the likely event that a potential facility does not meet the layout requirements, fit-up related to the relocation would also be required, the one-time capital cost of which would be in the range of approximately $450,000.

 

There is currently no capital funding in the 2006 budget for fit-up purposes, nor are there operating dollars identified for the purpose of leasing.  Capital funding for retrofitting is therefore required but, staff will pursue sponsorship opportunities to help offset those costs.  Staff will also report back with a proposed Clinic fee schedule, which will incorporate facility leasing costs with a view to operating the Clinic on a cost-recovery basis, in accordance with previous Council direction.

 

Given the considerable investment involved in the adoption and implementation of the leasing option however, the potential public-private partnership with the OHS with respect to the inclusion of the Spay/Neuter Clinic, along with the OHS and the MAS in a comprehensive animal facility, would essentially be eliminated.

 

If Council does not approve the staff recommendation, there will be no alternative but to suspend the services provided by the Spay/Neuter Clinic pending Council consideration of $1.25 million identified in the 2007 capital budget for this purpose.

 

CONSULTATION

 

Corporate

 

A copy of the report has been forwarded to Corporate Services’ Real Property Asset Management Branch, Legal Services Branch, Financial Services, and Human Resources.

 

External Agencies

 

The various agencies that made presentations on this subject to the EPSC on September 14th were notified of the Committee meeting at which this report would be considered.  Those agencies include the Animal Defence League of Canada, the Cat Rescue Network, Friends of Abandoned Pets, the National Capital Coalition for People and Dogs, and the Ottawa Humane Society.

 

Public

 

There is no statutory requirement to notify the public with respect to the status of the Spay/Neuter Clinic.  A notice advertising the date and time of the meeting at which the report will be discussed has however appeared in the dailies, in accordance with relevant City policy.

 

FINANCIAL IMPLICATIONS

 

There is no budget identified in 2006 to fund the capital costs associated with the relocation of the Spay/Neuter Clinic.  It is therefore recommended that funding, to an upset limit of $450,000 to cover retrofit and moving costs, be identified in the City Wide Capital Reserve Fund.

 

DISPOSITION

 

Community and Protective Services’ By-law Services, in consultation with other applicable Branches/Departments, to lead the implementation of the direction of Council.