Gardner Council Moves Forward on Insurance, Museum and Pit Bulls
Posted on Aug. 10th, 2011
The three big topics at Monday evening's work session were the formation of a "Pool" of Kansas Municipalities for Property and Liability insurance, restoration of funding for the Gardner Museum and the movement from banning all vicious dogs to a breed specific ban targeting pit bulls.
INSURANCE POOL
The City of Gardner is currently a member of Midwest Public Risk (MPR) which is a pool of municipalities, school districts, counties and special districts in Missouri and Kansas that provides Health Insurance coverage. MPR currently provides property and liability coverage for over 40 Missouri communities, but there is no pool for Kansas municipalities. There are currently 8 Kansas municipalities interested in establishment of such a pool.
In general, MPR provides the property and liability insurance for almost all claims. If a major claim occurs, MPR purchases insurance from Travelers Insurance to protect itself. The back-up insurance is called re-insurance. If the Council agrees to be a founding member of the Kansas Pool it must participate in the group for at least one year. The City of Gardner paid approximately $300,000 for property and liability coverage in 2011. Melissa Mundt, Interim City Administrator, stated, "I've been told that we should expect an increase in our property and liability rates of at least 5% and it will most likely be in the 9 or 10% range."
A specific dollar amount from the proposed pool was not presented to the Council. In general terms, the Council was told that the Pool rate would be about what was paid in 2011. In addition to the likely lower rate than they will receive under their current plan, the deductibles would be significantly lower. Access to attorneys prior to an employee termination, difficult zoning decision, or an unusual arrest will likely reduce claims against the city.
The Council will vote on a resolution to join the proposed pool at their meeting on August 15th.
GARDNER MUSEUM FUNDING
Shirley Brown-VanArsdale and Laura McCarthy of the Gardner Historical Museum asked the Council to consider in-kind donations to the museum. In recent years, the City has donated about $7,000 to the museum for payment on their mortgage. In the proposed 2012 budget the Council has assigned no funds to the museum. Following significant discussion the Council came to a consensus that would forgive $2,400 in utility payments on the two museum properties, allocate $2,500 additional funding from the "bed tax," continue marketing efforts in city publications, and work with city staff to provide labor for the installation of an ADA ramp at the 207 West Shawnee building. Council Member Fotovich wanted the $2,500 bed-tax money to be taken from the EDC, but the funds will be taken from bed-tax reserves. As part of the museum discussion, it was determined that $2,500 of bed-tax money would be restored to the Gardner Community Theater. The Community Theater also receives in-kind donations from the City.
The 2012 Budget will be voted on at the August 15th Council meeting.
PIT BULL BAN
Councilmember Fotovich requested that a change to the City Code that would ban "Pit Bulls." The City of Gardner had a pit bull ban in the past, but moved to the "Vicious" animal ban in 2007. According to Captain Jim Moore of the Gardner Police Department, "When the breed specific ban was in place these dogs were registered as a ‘boxer-mix' or some other ‘mix,' but not as a pit bull." Much of the discussion centered around how to determine if a specific dog is indeed a pit bull.
Animal Control Officer, Jason Willis stated, "When I first came to the City all of the loose dog calls came in as pit bulls because the public believed that we would only respond to pit bull calls. Most often it was a boxer or some other breed." Council President, Kristi Harrison asked, "If we enact a breed specific ban, how would that work?" Captain Moore responded to her question with the following response, "On complaint, just as we do now."
Councilmember Fotovich brought up the following points:
• Many insurance companies will not cover pit bull liability on homeowner policies.
• Pit Bulls have a higher rate of bites than other breeds.
Officer Willis pointed out that there are 4 different breeds that are classified as pit bulls. He also suggested that a higher percentage of pit bull bites are reported to the police and that nips and bites from Chihuahuas and Spaniels are less likely to be reported to the police. According to the US Humane Society website at least 25 different breeds of dogs have been involved in the 238 dog-bite-related fatalities in the U.S. during the 20 years studied.
According to Joe Oldham, State Farm agent in Gardner, "We do not approve or deny coverage based upon breed, we look at the history of the individual animal." According to research conducted by Dr James Serpell and reported in the Journal Applied Animal Behaviour Science, The top three breeds for dog bites are Dachshunds, Chihuahuas, and Jack Russell Terriers. Dr Serpell reported that research into canine aggression has almost exclusively involved analysis of dog bite statistics. But these were potentially misleading as most bites were not reported. Big dogs might have acquired a reputation for being aggressive because their bites were more likely to require medical attention.
Following extensive discussion on the issue, it was determined that a proposal to ban pit bulls would be placed upon an upcoming agenda. The ordinance change will probably appear on the September 5th agenda. Items discussed in a work session and placed on the agenda typically have the consensus support of the Council. In this case, however, it appears that the Council has placed the proposed change on the agenda in order to take a formal vote on the issue. Based upon questions and statements made during the discussion, a majority will most likely vote against the proposal.
Other items on the agenda included an update to the 2012 budget that will be on the August 15th agenda and an Executive Session to discuss City Administrator candidates.
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idiots wrote on 3/26/2012 5:22 pm
I would leave the town of gardner if i couldnt have my pit. he makes me feel safe when im alonr at home, he is the first one sitting at my daughters bed when shes upsrt. and when shes gone hes at the foot of her bed waiting for her. he loves our cat in fact he sleeps with her. hes the most protective loving pup in thr world. hes an oversized lap dog, and he knows it. i will leave this town. how about banning all of the people selling drugs to YOUR children and giving this town a horrible name. Stop worrying about the dogs around this town.. theyre not the problem. gardners joke of responsible children are the problem. take a look at what matters.
Animal Hoarding is bad wrote on 11/1/2011 12:22 pm
At least, regulate them. For example. Breeding dogs (of any kind -especially Pit bulls) in a subdivision neighborhood is a bad idea both for the neighbors and the breeder alike.
Animal Hoarding is bad wrote on 11/1/2011 12:15 pm
At least, regulate them. For example. Breeding dogs (of any kind -especially Pit bulls) in a subdivision neighborhood is a bad idea both for the neighbors and the breeder alike.
Proper training wrote on 8/24/2011 8:57 am
Proper training is the key to dogs. Any dog left to his own devices will do what is necessary to survive.
Breed specific bans do not work and it is just another way to take one of your rights away from you. I was raised with pit bills, American staffordshire terriers and Catahula leopard/pit bull crosses. Not a single one of these dogs were vicious or acted aggressive towards anyone, even young children and they were used as catch dogs for cattle and hogs and had very high prey drives. It is all in the training.
Most towns and cities have more important things to worry about than what breeds of dogs live in their area! Worry about your infrastructure....not what type of dog lives in town!
Just remember...there are NO bad dogs, only bad DOG OWNERS!
JAMES JR wrote on 8/23/2011 10:56 pm
I HAVE 2 american shepherd terriers myself the are both 3 years old, they are big lap dogs, also I gave a 17 month old lil girl that thinks there a horse and a pillow for nap time, she can play with them a big stuffed animal, any living thing will snap if provoked!!!!!!! COME PUT YOUR FINGER IN MY FACE AND KEEP RUNNING YOUR MOUTH AND I WILL SNAP TOO THEN BOOM I'M GOING TO PUNCH YOU IN YOUR FAT MOUTH don't provoke an animal and corner it and it won't snap, if you get too close to any dog on its property and it starts barking at you is just like a human saying I SEE YOU, I KNOW YOUR THERE AND GET OFF MY PROPERTY. If dogs could talk that's what they would say. I take my dogs to the dog park in shawnee all the time play out there for hours with 100 people and 100 dog no leash and guess what no problems, if you want to band a dog then do a background check on the owner if there a low life that has been in trouble for fighting them or ever had one bite then they should not have there dogs because there not raising them right. I get nipped at by now small dogs with work then any dog over 30lbs, your being races against just this bread I think the people that are so card of these dogs should pay for ever dog to go throw a obedience class to pass them as safe I know my does will pass they gave already been throw those classes or better yet come by my house ill let you play ball or frisbee, they will play all day or until your tired of being at my place. Well that's about all I git to say about that see you Sep. 5th my vote is NO AND SO WILL MY 10 NEIGHBOURS
lovemypit wrote on 8/23/2011 8:20 pm
This is sad....I have a pit puppy and live in Gardner and yes the house right next to me is only two feet away....So does that mean I need to chain my dog all the time. My puppy is not aggressive in fact she is the opposite she is sweet and loving and would do anything for her people. She is friendly with all my neighbors and even all the kids in the neighborhood. We have 3 children that live with us and 2 that visit on a regular basis. I also have an Aussie and a cat. My puppy has not bit anyone and hopefully never will. I am raising her to be a loving dog and with lots of love and encouragement. I like many of the people on hear was a big pit bull hater every time I heard someone living in my neighborhood had a pit I would immediately become fearful for my children. It wasn't until I met a breeder that brought light to my eyes. She told me I could walk into any of her pit pens or into her backyard and as long as I am with her they would not be bit or even show teeth. She said that even if she wasn't there they would not bit me unless I came at them in a threatening manner. It's all in the way they are raised. Please don't judge a dog just because of it's few bad reps. One bad apple spoils the bunch they always say, Pits are a loving and adoring breed they love their family and anyone that their family accepts into the house. My recommendation is this don't approach any strange dog and never show you are afraid of it. Never run from an animal it only provokes the behavior and above all else if you have a pit living in your neighborhood or that is your neighbors dog express your concern to the person I am sure they will be more than happy to introduce their family member to you and show you that you have nothing to be afraid of. Don't judge the breed judge the deed.
PS if you don't live in Gardner maybe you should be concerned about your own cities issues you don't pay our taxes so butt out.
RMB wrote on 8/18/2011 5:16 pm
I have not lived in Gardner long but so far I have not seen or heard of a pit bull problem in this community. I do not personally own any pits, but do have dogs. We chose Gardner because of their good schools and their reasonable animal ordinance. I'm very sad to see that one of the reasons we moved here is being tampered with by ignorant idiots hell bent on a witch hunt.
Just like people, animals have their own unique temperaments and personalities based in part on genetics and how they are raised. I have a shepherd mix that herds. If I let him, he will herd me all over the neighborhood. But with training, I am able to walk him just fine. I also have a chow mix with aggressive tendencies. I have used a professional trainer to work with all my dogs and humans to prevent those aggressive characteristics from taking over. He is now a great dog and very obedient.
I plan on attending this meeting to speak against the breed ban. I would rather see the city address individual bites as they happen instead of doing blanket bans that are not effective, practical or enforceable.
Let's spend our city dollars on things that matter and that are relevant.
Ashley wrote on 8/12/2011 10:03 am
for council , pitts where breed to fight huh? even though man has killed more men in 30 seconds of war than pits have in there hole exsistance yeah so go ban YOURSELF! what statistics are you going off of the news ? the political pick and choose of this nation, i am 17 and i know dont derive facts from that and you know what i challange you if the men of the bored spend 1 day with a pit one day i bet that day will be one of your best experiances with a dog ever , but you being older than the romans probley where there when the breed first emerged and another thing THE PIT WAS THIS NATIONS SPOKESMAN THROUGH WW1 AND WW2 SO YOU JUST BANNED A VETERAN ,and thats something our country has both loved , forggotten and overlooked cause of our over bearing rules and the need to control everything that happens good and or bad witch as you can see that never works less people die a year from pitts than people on people violince ,wars , smoking , car accidents drinking and driving ,murder , obesity , alchol poisning ,and the flu or anyother diseses and u ban that?! really this is a breed put to death with out a trial and on here say and i dont speak for much but this i will fight ill something changes
juls wrote on 8/12/2011 8:28 am
I do not live in Gardner but the audacity of Gardner to have changed an ordinance that seems to be working in the metro area, seems very irresponsible on the city's part. After all, Gardner is no longer a rural community and had many subdivisions in its fast growing area. How does Gardner want to grow - as a solid, higer class city or a red-neck farm town? That is one question that the City Council needs to ponder. The sheer ignorance about the devastation and murder these dogs can cause is unbelievable!
It appears to me that those who are defending pit bills for the most part, are not living in a neighborhood where homes are closely set and where there are many babies and children. I cannot imagine trying to live alongside a breeder's home with pit bulls who have multiple pups. Why is a breeder alllowed to have 6 dogs or more, especially in this breed? That just doesn't make sense. A 5-6 mo old pit bull pup can innflict a life-ending bite and is likely even more unstable as a juvenile than an adult pit bull. This breed does not discriminate - it will kill anyone - parent or child and no one can predict which dogs will remain calm and loving and which ones will go beserk if provoked. Look for example at the couple in Independence that were left permanently disabled and nearly killed by the neighbor's pit bull that got loose, or the little boy near Lawrence that died after being attacked while playing by his home. This is the reality of pit bulls -- you never know what they may do from one moment to the next.
My nephew had a pit bull that appeared to be well behaved and he kept it penned up on the side of my mother's home. She was handicapped and I was fearful for her safety. The sheer strength of this breed is unbelievable (just try taking one for a walk -- if you aren't super strong, you'll be laying in the road -- I tried it!) and if provoked, this breed goes into a frenzy. After we insisted he move the dog, he rented a home and kept it in a fenced back yard. However, the dog jumped the fence and immediately killed the dog next door. What if it had been a child or my 90-lb mother instead?. Animal control put the dog down, as once they kill, evidently they tend to do it again and again.
Since there is so much passion in Gardener about this matter, I recommend that if a ban within the city limits isn't passed, the City Council consider one of several options: a)that pit bulls be allowed ONLY if their home and fencing are inspected regularly (quarterly) by animal control and the owners PAY for the inspections OR b)that pit bulls not be allowed in subdivisions where houses are not at least 2 acres apart and if 2 acres apart, only allowed with the same fencing and inspection requirements mentioned above OR c)that no breeding of pit bulls be allowed in the city limits at all, OR d) that if a total ban isn't enforced, no home be allowed more than ONE pit bull. A subdivision is not an appropriate place to breed these animals, particularly when the breeder can have 6 dogs and puppies or more at a time.
Again, I just can't imagine why the city of Gardner is playing with this issue. If a tragedy occurs, Gardner is opening itself up to one very massive lawsuit if they fail to do what most every other city in the Greater KC area has: Ban Them.
@Stupid People wrote on 8/12/2011 7:09 am
Do you live near Fotovich, or one of his Take Back Gardner supporters?
When I first saw he was championing this misguided cause, I assumed there was a personal agenda involved.
Fotovich's modus operandi is to push through what he and his supporters desire, regardless of what the community as a whole desires. ("You don't owe them an explanation, just vote no.")
Instead of banning specific dog breeds, the City should ban self-serving politicians.
STUPID PEOPLE wrote on 8/11/2011 4:11 pm
Sorry that was supposed to say ALL of my dogs are LEGAL and very well taken care of!!!!
stupid people wrote on 8/11/2011 4:07 pm
These types of bans stem from stupid people who think they know everything that is going on in their neighborhoods. My ignorant neighbors Re the ones trying to put this through because of my pit bulls. My dogs are lL legal. They are ALL vaccinated. NONE of them have ever bit anyone and are the best dogs I have ever owned. They have NEVER been outside of our yard without someone with them and on a leash!! My dogs do NOT bark all night (unlike my neighbors dogs). In fact I have a young son who plays and sleeps with our dogs sometimes. Our dogs are Champion dogs that we take to dog shows all over the country!!!! Our
Neighbors are VERY misinformed idiots who need to ask us directly about our dogs instead of making misguided decisions based on hearsay ans not facts!!!! Who is gonna tell my son that his dogs have to leave because of ignorant people who just wanna be right instead of admitting they have made a mistake. Maybe they need to ban the German Shepard on rhe corner who has bite someone before and is frequently walked by his very fragile owner who clearly has a hard time controlling him.... Just stating the facts!!!! BAN THE DEED NOT THE BREED!_!!
A TEENAGER wrote on 8/11/2011 3:15 pm
you know what ive had a pit that was abussed ,unloved and misstreated and was the most loving , most caring thing in the world to me. even though my dog has since passed i keep love for pits in my heart because its not the breed its the treatment of the animal if you think about it you can train any animal to hurt someone any breed any type whatever and that animal will probley do as its taught or react to the way its been treated but in this case pits do have bite strength but so do german sheapards and most animals used BY OUR OWN POLICE DEPARTMENT and you know what they are all trained to attack people but one is social acceptible used by cops and one is not and is fought stiil for all the wrong reasons but blaiming the dog for what humans taught it to do and all the potiental good homes it could have and here i thought gardner stood above the steriotypes and the political crap cause the news just makes everything worse than it really is, but no i was wrong and so dissapointingly so ......
Bluedogma wrote on 8/11/2011 3:02 pm
@GetReal: Pit bulls vary in appearance. Like you, most people won't even know a pit bull when they see one, if it has ears!
Reality wrote on 8/11/2011 1:44 pm
There have been ZERO human deaths caused by a single, neutered, contained (inside and/or backyard) "pit bull" breed of dog. Don't succumb to using fear tactics, stick with the facts when considering legislation.
John wrote on 8/11/2011 12:30 pm
Breed bans have been proven repeatedly to be nothing more than a cost add on and do not make communities safer. This can be seen in the UK, Norway, Toronto, New Zealand, Denver, etc. The best way to make a community safer is strictly enforced leash laws, spay/neuter programs, and education. This can be seen in Calgary aswell as several other citys as well
If you ban a breed os dogs you fear good dogs will be given/taken away, likely put down. The criminals will still have the dogs, or just go to other breeds like the GSD, Malinois, Presa Canario, Rottweiler, Lab, etc.
Good article Peter, I may be biased on the issue but your story was not.
Cheryl Huerta wrote on 8/11/2011 11:32 am
I understand that once a person has made up their mind about something and is bent on being closed to any new and most especially factual information that you can't really say much to affect them but here it goes anyhow.
To the person who says that pit bulls have a bad reputation for attacking unprovoked. Did you ever once stop to consider just where that 'reputation' came from? The reputation that pit bulls have did not come from the group of breeds that make up the term pit bull (by the way did you know that 'pit bull' is not a breed but a group of breeds referred to as pit bulls?) but came from the media and is MOSTLY myths that are passed along as facts OR are isolated incidents (many dogs bite but not all dog bites are reported). As a pit bull advocate I find that the biggest obstacle to advocating for these dogs is the myths that people would believe over fact and experience. I doubt if many people who fear and loathe these dogs have ever had personal contact with a dog that could be considered a pit bull. In addition what the person said earlier is true; most dogs that are believed to be pit bulls are misidentified because the ONLY way any dog can be accurately identified is through DNA testing. In fact a few years ago a group of 'canine/dog' experts had a look at hundreds of photos of dogs whos DNA had been tested and were asked to identify each dogs breed. The EXPERTS could only accurately identify the dogs breed 20% of the time. If the experts can't identify a dog's breed then why do so many choose to believe the dog catcher or the city councilperson or their neighbor when they say that a pit bull was responsible for something?
For those of you who want to ban pit bulls from the city of Gardner then maybe, just to be 'safe', you should also ban Muslims (they are ALL terrorists after all aren't they?), African Americans (they are ALL gang bangers, criminals and trouble makers aren't they?), Hispanics/Latinos/Mexicans (they are ALL illegals and don't speak english anyhow aren't they?), etc. I mean you do want to keep your fair city a safe place to live after all don't you? Better yet just ban anyone who isn't caucasian, republican and middle aged; that should do it!
NO DOG ATTACKS unprovoked...NO DOG REGARDLESS OF BREED...every dog attack is for a reason. The problem is that so few people seem to be able to interact with dogs in a way that is good for the dog and so few people are knowledgable about dog body language and the signs that there is something going on with the dog that people get bitten for a perfectly good reason when they think there was no reason. In addition you include irresponsible dog owners, and these irresponsible dog owners don't just own pit bulls but all breeds and sizes of dogs, and you have a recipe for disaster. Just consider this. If pit bulls are banned irresponsible dog owners will just get some other dog and that dog may be just as dangerous as a pit bull would be. That is why it is best to address aggressive dog behavior by holding the owner of the dog responsible and not the dog which is ONLY a product of it's environment.
I think you should all thank your lucky stars that your city council has their heads on straight and isn't willing to give into fear, ignorance and myths when making public policy. Other places are NOT so lucky and because of that many, many, many people have had to move from their homes or give their dogs over to be killed just because of what the dog looked like and not because of what the dog did.
It is very simple really...just blame the deed and not the breed and things will work out just fine.
Cheryl Huerta wrote on 8/11/2011 11:01 am
Good on the people in authority in Gardner for making public policy based on facts, experience and common sense. If only more municipalities were as wise! Bravo Gardner!
Council - Please play it safe wrote on 8/11/2011 10:27 am
Pit bulls were originally bred for fighting. Just like anything in life, I'm sure there are some pit bulls that defy the norm. BUT, the breed as a whole has a reputation for attacking while unprovoked and not letting go. This is why many homeowner's insurance companies do not allow pit bulls.
City council, please make our community safer, by requiring pit bulls to live outside city limits.
Peter, how about you interview more than just one insurance company. Did you know that State Farm is one of very few companies that will allow pit bulls. Please do your research.
Dee Ann Achterberg wrote on 8/11/2011 8:42 am
Unfortunately, pit bulls have received such a bad reputation because of owners that have used them for target practice, the brunt of their anger and hatred, for fighting, etc. (case in point, Michael Vick). These owners have MADE these animals what they are and have allowed a bad reputation to be placed upon them. Until the people that own pets are responsible and held accountable, dogs, cats, reptiles, etc. will be mishandled, misused and misunderstood. Don't ban the animal, ban and punish the irresponsible people that own a vicious animal, no matter what the breed.
Irresponsible wrote on 8/11/2011 8:41 am
pet owners are a bigger threat than most pit bulls. Most any animal will bite when threatened but in my experience I have found that it's the smaller dogs that bite just to be mean. I propose a ban on any dog that doesn't have a real bark and is shorter than a normal person's knees. That's just as ridiculous as banning an entire breed because some have been raised poorly. If that's what it's coming too then a large portion of Gardner's human community should be banned from our city as well. It's nothing more than a different form of racial profiling and it's wrong!
deeds not breeds wrote on 8/11/2011 1:57 am
Leave the poor dogs and their owmers alone. They are great even tempered dogs. Any dog that is mistrained will act out. Go after the owners if the dog is a problem. I've bitten by small dogs that had np control but never had problems with pit bulls. Actually I fear my neighbor's mouth and her 7 out of control dogs more than any pitt bulls I'm the area.
GetReal wrote on 8/10/2011 9:52 pm
Neither of the pictures is even a pit bull... perfect illustration of the problem with breed specific legislation! Most people call ANY dog with short hair, muscular body and big head a pit bull. How can you ban a breed that no one can even accurately identify?!!
Don't wrote on 8/10/2011 7:50 pm
be fooled. Those are probably the same pit bulls in the picture. The one on the right probably just ate your cat and is sleeping it off.
Get rid wrote on 8/10/2011 7:47 pm
of the pit bulls. I have yet to see a pet cat kill a human. Banning pit bulls is way easier than punishing the owners. Breed specific bans are necessary. Try living next to one. They are not only a nuisance for people but other animals as well.
Dog Lover wrote on 8/10/2011 3:03 pm
It's not the breed, it's how the animals are raised. Cats can be vicious, but you don't see bans on them...nor does the city enforce pet control issues for "outside cats" that become a nuisance to the neighbors. Punish the irresponsible people who don't take care of their animals, don't just focus on specific dog breeds.
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