Board of Works

BOARD OF PUBLIC WORKS AND SAFETY MINUTES November 10, 2015 Regular Session: The Board of Public Works and Safety met in regular session on Tuesday, November 10, 2015 at 9:00 a.m. in the Common Council Chambers. Members present were: Gary Henriott, Cindy Murray, Ron Shriner, Dawn Ross and Norm Childress. Ed Chosnek, City Attorney, was also present. President Henriott called the meeting to order. The Pledge of Allegiance was given to the flag of our Country. MINUTES Mr. Childress moved for approval of the minutes from the October 27, 2015 regular meeting. Mrs. Ross seconded. Passed. BIDS UNDER ADVISEMENT Long Center Renovation and Improvements President Henriott stated that this item will remain under advisement. 2015 CDBG Sidewalk Replacement Project President Henriott stated that this item will remain under advisement. NEW BUSINESS Engineering Supplement #4-S. 18th Street Road Expansion between VMP and 430 South Jenny Leshney, Public Works Director, presented to the Board and recommended approval of Supplement #4 for the S. 18th Street Road Expansion between VMP and 430 South. The supplement was for engineering work that was completed to get the project through the INDOT letting and to finalize the land acquisition, where there was a 1 year delay. The supplement is in the amount of $88,200.00 which brings the final contract amount to $934,280.00. Mrs. Murray moved for approval. Mr. Childress seconded. Passed. Change Order #3-2015 Curb, Sidewalk and Ramp Replacement Project Mrs. Leshney presented to the Board and recommended approval of Change Order #3 for the 2015 Curb, Sidewalk and Ramp Replacement Project for final quantity adjustments. The change order is a decrease of $19,261.19 which brings the revised contract amount to $300,502.81. Mr. Shriner moved for approval. Mrs. Ross seconded. Passed. Board of Public Works and Safety November 10, 2015 Page 2 Certificate of Completion-2015 Curb, Sidewalk and Ramp Replacement Project Mrs. Leshney presented to the Board and recommended approval of a Certificate of Completion for the 2015 Curb, Sidewalk and Ramp Replacement Project with CC& T Construction., Inc. Mr. Childress moved for approval. Mrs. Murray seconded. Passed. Economic Development Change Order #2-Renovations to Long Center Roofing Dennis Carson, Economic Development Director, presented to the Board and recommended approval of Change Order #2 for the Renovations to the Long Center Roofing with Horning Roofing. Mr. Carson stated that when the existing roof was removed the conditions under the roof did not match what was anticipated. In order for the roof to have the warranty and not leak; certain requirements have to be met. The change order adds the required wood blocking to fasten the roof properly. The change order is in the amount of $6,238.00 which brings the revised contract to $156,648.00. Mrs. Ross moved for approval. Mr. Childress seconded. Passed. Lafayette Housing Authority Amendment #1-Professional Services Agreement with City Consultants and Research LLC Valerie Oakley, Project Manager, presented to the Board and recommended approval of Amendment #1 for a Professional Services Agreement with City Consultants and Research LLC. The amendment will extend the time of performance to the end of November and will also increase the amount of the agreement. Mr. Childress moved for approval. Mrs. Ross seconded. Passed. Release of Mortgage-411 Meridian, West Lafayette Mrs. Oakley presented to the Board and recommended approval of a Release of Mortgage for 411 Meridian in West Lafayette Indiana with Mary Katherine McKenna. The release is for a payoff of the balance of the HOME funded loan. Mrs. Murray moved for approval. Mr. Shriner seconded. Passed. Amendment #1-Agreement between City of Lafayette and Tippecanoe County Council on Aging, Inc for SHARP 2014-2015 Patrick Ringwald, Project Manager, presented to the Board and recommended approval of Amendment #1 for the Agreement between City of Lafayette and Tippecanoe County Council of Aging, Inc for SHARP 2014-2015. The agreement allows additional time for The Center @ Jenks Rest to expend Program Year 2014 CDBG funds on their Senior Home Repair Program. Mr. Childress moved for approval. Mr. Shriner seconded. Passed. CDBG Agreement between the City of Lafayette and Tippecanoe County Council on Aging, Inc DBA The Center @ Jenks Rest-Senior Home Repair Program 2015-2016 Mr. Ringwald presented to the Board and recommended approval of the CDBG Agreement between the City of Lafayette and Tippecanoe County Council of Aging, Inc DBA The Center @ Jenks Rest Senior Home Repair Program 2015-2016. The agreement is in the amount of $50,000.00 of CDBG funds. Mrs. Ross moved for approval. Mr. Childress seconded. Passed. Board of Public Works and Safety November 10, 2015 Page 3 Water Pollution Control Change Order #1-Rostone Circle Drainage Project Brad Talley, Water Pollution Control Superintendent, presented to the Board and recommended approval of Change Order #1 for the Rostone Circle Drainage Project. Mr. Talley stated that during construction it was determined that additional hybrid ditch installation would be necessary to construct a reasonably maintainable solution for the homeowners in this neighborhood. The change order is in the amount of $26,542.65 which brings the revised contract to $151,247.65. Mrs. Murray moved for approval. Mr. Childress seconded. Passed. Purchasing Declaration of Surplus Property-Water Works Rick Morrissey, Purchasing Manager, presented to the Board and recommended approval of a Declaration of Surplus Property for Water Works that includes various construction materials to be transferred to the Facilities Department. Mrs. Ross moved for approval. Mr. Shriner seconded. Passed. CLAIMS Mike Jones, Controller, presented for Board approval, Claims in the amount of $5,594,324.92. President Henriott asked if there were any further questions and there were none. Mr. Childress moved for approval. Mrs. Murray seconded. Passed. MISCELLANEOUS Taxi Cab Permits Police Chief, Patrick Flannelly, presented to the Board and recommended approval of two taxi cab permits for Matthew C. Steelsmith and Pushane Alexander. Mr. Childress moved for approval. Mrs. Ross seconded. Passed. Animal Control Appeal Parker Appeal Mr. Chosnek stated that he handed Charles Parker, Dog owner/Appealer, a packet of three different incident reports which will be made referenced to during the appeal. Mr. Chosnek called Josh Klumpe, Animal Control Officer/Supervisor, to the microphone. Mr. Chosnek asked Mr. Klumpe if he was familiar with the dog that is a Rottweiler named Goliath that lives at 2016 Arapahoe Drive. Mr. Klumpe stated that he was familiar with the dog. Mr. Klumpe gave the Board a short background of his time and described his daily work with the Animal Control Division. Mr. Chosnek: Was your first contact with Goliath that is owned by Mr. Parker occurred in January 2015? Mr. Klumpe: Yes Mr. Chosnek: Can you tell the Board how that can about and what you observed? Mr. Klumpe: I was at the Parkers’ neighbor’s house at 2012 Arapahoe and I notice the Rottweiler in the backyard obviously a cold, snowy day. It did not appear to have any provisions i.e. no food, no water, no shelter that I could see. The dog was contained by 3-3.5 foot chain-link fence so I made contact with somebody inside the home and advised them that they needed to provide food, water and shelter and in winter conditions we advised them to put some sort of hay or straw inside the doghouse to help keep the dog warm. They advised Mr. Klumpe that they would bring the dog inside and not let it outside for more than 20 minutes to use the restroom from then on. Mr. Chosnek: On that particular day, do you recall what the wind chill was? Board of Public Works and Safety November 10, 2015 Page 4 Mr. Klumpe: I don’t recall what the wind chill was. Mr. Chosnek: Would it refresh your memory if I said that in your report you indicated that it was a -20 at that time. Mr. Klumpe: Yes and it was very cold Mr. Chosnek: In terms of how many other people are in the Animal Control Department? Mr. Klumpe: Myself and two others along with Lieutenant Scott McCoy. Mr. Chosnek: Is one of the other Officers Trent Baldwin? Mr. Klumpe: Yes Mr. Chosnek: And you are his supervisor? Mr. Klumpe: Yes sir. Mr. Chosnek: Did Trent have two other occasions to come in contact with Mr. Parker and his Rottweiler? Mr. Klumpe: Yes sir. Mr. Chosnek: I’d like to call Trent Baldwin up to the microphone. Mr. Chosnek: Would you state you name and position? Mr. Baldwin: My name is Trent Baldwin and I’m with Animal Control. Mr. Chosnek: And how long have you been with Animal Control? Mr. Baldwin: Just shy of three years. Mr. Chosnek: Trent did you have an occasion to have an involvement with Charles Parker and his Rottweiler in July 2015. Mr. Baldwin: Yes sir. Mr. Chosnek: Can you tell the Board what happened? Mr. Baldwin: I received a call for a juvenile that was bit on the face by a dog that was running at large. When I arrived it was explained to me that a Rottweiler had jumped a fence and bit the juvenile on the face. In the course of the investigation, walking back to where the incident happened, the dog was pointed out to me. I did have a juvenile that was following me in that process. Once I was able to get visual on the dog, the dog made visual with me as well. The dog began to charge the fence, at that point I instructed the dog to get back. I could tell that there were people in the yard so I approached the fence and the dog continued to jump. At that point the dog was almost cresting the fence so I did deploy my ‘bite-stick’. At the final jump the dog did almost come completely over the fence and at that point I did use my ‘bite-stick’ to push the animal back. At that point the dog then retreated into the yard and the owner came out. The dog was secured and then at that point we issued a “Dangerous Animal Agreement” on the dog for the bite and the actions of the dog exhibited. Mr. Chosnek: When you approached the fence was the owner in the yard? Mr. Baldwin: The owner was kind of in front of the garage but outside. Mr. Chosnek: And when you were yelling at the dog did the owner come around to where the dog was charging the fence? Mr. Baldwin: Yes, one of the owners did come around. Mr. Chosnek: Do you believe that the dog would have attacked you if it could have gotten over the fence? Mr. Baldwin: That would have been a possibility, absolutely. Mr. Chosnek: And so you are used to handling or being involved with aggressive animals? Mr. Baldwin: Yes sir. Mr. Chosnek: And there was enough fear that you took out your stick to try to protect yourself? Mr. Baldwin: Yes that and having the juvenile with me. Mr. Chosnek: And the juvenile that had pointed out the dog, they live catty-cornered to the house? Mr. Baldwin: Yes Mr. Chosnek: And that was not the juvenile that had been bit by the dog? Mr. Baldwin: Yes sir. Mr. Chosnek: So the dog had gotten, wondered around and somehow got that juvenile on the ground. What did you observe in terms of the bite marks? Mr. Baldwin: There were two puncture wounds: one on the temple and one on the cheek of the juvenile. Mr. Chosnek: And whenever there is a bite like that you file a Indiana Bite Report. And at the same time you talked to the owner? Mr. Baldwin: Yes sir. Mr. Chosnek: And you explained to the owner that was a violation at the Lafayette City Code at a minimum plus potentially civil liability and criminal liability? Mr. Baldwin: Yes sir. Mr. Chosnek: And he signed a ‘Dangerous Animal Agreement’? Mr. Baldwin: Yes sir. Mr. Chosnek: And that was the same date July 3, 2015? Mr. Baldwin: Yes Mr. Chosnek: And that “Dangerous Animal Agreement” has attached to it all of the applicable provisions of the Lafayette Municipal Code as it pertains to Dangerous Animals and Nuisance Animals, is that correct? Mr. Baldwin: Yes sir. Mr. Chosnek: Did Mr. Parker have any questions about the animal agreement? Mr. Baldwin: There were a few questions in regards to containment and things of that nature. Board of Public Works and Safety November 10, 2015 Page 5 Mr. Chosnek: And you explained what the requirements and obligations were? Mr. Baldwin: Yes sir. Mr. Chosnek: And he understood that if he failed to keep the animal restrained and another incident occurred, not necessarily even a bite, that he would surrender ownership of the animal. Mr. Baldwin: Yes, that was my understanding when the agreement was finished. Mr. Chosnek: And that basically is an indication that Mr. Parker is apparently not responsible enough to be able to contain his animal and keep it from violating the City ordinances. Mr. Baldwin: Yeah Mr. Chosnek: Do you have another opportunity to have to exercise your job as an Animal Control Officer concerning this Rottweiler owned by Mr. Parker? Mr. Baldwin: Yes, on October 31, 2015. Mr. Chosnek: Ok, can you explain what occurred? Mr. Baldwin: I was called to assist on one of the LPD Officers that received a call that a mail carrier had been bitten on the arm while delivering mail in the area. Upon arrival it was explained to me that the dog had somehow gotten out its enclosure, approached the mail carrier how was a little ways down the block, and had bit her on the arm. The mail carrier did have several layers on; she was in the process of trying to deploy her dog spray. She did receive a single puncture wound that did go through several of the layers and caused what was described as a blood blister on the arm. When I arrived on scene the dog was secure in the house. At that point I and LPD spoke with the owner and explained what had to be done. The dog was removed and transported to the Humane Society. Mr. Chosnek: The police officer that did the initial investigation that received the call from the mail carrier who made the 911 call, is that correct? Mr. Baldwin: That is my understanding, yes. Mr. Chosnek: And then the police officer was dispatched and took and report. Did you have any communication with the mail carrier’s supervisor? Mr. Baldwin: I myself did not, the officer on scene did. Mr. Chosnek: Was there another bite report prepared on that incident? Mr. Baldwin: Yes Mr. Chosnek: And did you approach Mr. Parker then at the house and talk to him about surrendering the dog pursuant to the Dangerous Animal Agreement? Mr. Baldwin: Yes, I went through and explained everything with the Dangerous Animal Agreement and at that point Animal Control will have to remove the animal. And if he would like to retrieve his animal that he would have to go through the appeal process. Mr. Chosnek: And initially did Mr. Parker say he wasn’t going to help bring the dog out? Mr. Baldwin: At first emotions were running high but after a little bit of time Mr. Parker did assist and load the animal in the back of the vehicle. Mr. Chosnek: And there was some concern that it would be difficult without his cooperation based on the animal’s aggressive nature, to get him into the vehicle without somebody maybe getting hurt? Mr. Baldwin: Absolutely Mr. Chosnek: And the officer’s report, I will just highlight a few things and then ask you if that’s what he had told you. When the officer talked to the mail carrier a female indicated that the dog jumped up and bit her on the left forearm, that she felt hurt and her left thigh as well. So she was trying to push the dog off with her mailbag trying to get the pepper spray out. He was apparently on her left arm and that’s what you confirm that there was, even though she heavy clothing on, it still went through enough to create a blood blister at least. Mr. Baldwin: Yes Mr. Chosnek: Did you explain to Mr. Parker that the dog was being seized and being taken to Almost Home Humane Society at which time he loses ownership of it unless he files an appeal and it decided in his favor; and Almost Home will make an evaluation/determination of whether the dog can be rehabilitated or otherwise dealt with? Mr. Baldwin: Yes, I explained that he has five days to submit his request for an appeal and at that point we would hang on to the dog. Mr. Chosnek: And do you believe that based on your experience of three years as an Animal Control Officer, a dog that has bitten two people in less than a year should be returned to its owner? Mr. Baldwin: The current situation and the set-up that the dog was living in, absolutely not. I think that if some very drastic changes would be made, considerations should possibly be made but that is not a question I am comfortable answering. Mr. Chosnek: Does the Board have any questions of either Mr. Klumpe or Mr. Baldwin? Mr. Shriner: So each of these incidents does everyone get notification or something in writing that there has been a warning issued and there is some kind of explanation about where all this could go? I am going back to January. Mr. Baldwin: Absolutely, anytime that we have any of that interaction we absolutely explain what could happen and what the next course of action might be to give the owner and everyone else a heads up on what will happen is it is not corrected. Mr. Shriner: So they would have a chance to ask questions or clarification? Mr. Baldwin: Absolutely Board of Public Works and Safety November 10, 2015 Page 6 Mr. Shriner: You don’t feel anybody was confused about where this could lead? Mr. Baldwin: At the end of all the interactions, I felt that everything was properly explained and everyone understood completely. Mr. Childress: Was the mail carrier on the premises of 2016 Arapahoe when she was accosted by the dog? Mr. Baldwin: No sir. Mr. Childress: So it wasn’t even on that piece of property where the incident happened? Mr. Baldwin: Correct Mrs. Ross: Have there been changes made to the property? Has the fence been rasied? Mr. Baldwin: Last I knew, not yet. Mrs. Murray: How old is the dog? Mr. Baldwin: That I am not 100% sure on, I do know that it is an older adult. Mrs. Murray: Is the dog licensed with the City? Mr. Baldwin: We were able to find any record on that. Mr. Chosnek: Mr. Parker do you have any questions of the two Animal Control Officers or do you just want to make your statement? Mr. Parker: My name is Charles Parker and I live a 2016 Arapahoe Drive. As the owner I am concerned that I have never seen a picture of a bite mark. I have asked for proof of if there were bites on several occasions and I have yet to see anything. Yes, my dog has been out twice. The first time when we were told about the -20 degrees below on the wind chill, he wasn’t outside very long. He is honestly an inside dog and he doesn’t go out every often. Since the bite situation he goes on a chain in the back yard that screws into the ground. I have an 8 and 10 year old that live at the house. They tend to let the dog out sometimes and not put it on the chain and we have kind of discussed that but they are children. My concern is that I don’t know, the mail carrier would not show me where she was bit. She said she was bit and they said all she had was a blood blister. He is 100 pound Rottweiler so I feel like if he bit somebody there would be some sort of proof. My concern is that he is being punished for something that I haven’t seen proof of yet. Mr. Shriner: So you don’t think he bit her but he was apparently aggressive and ran and jumped on her. Mr. Parker: Yes he is aggressive towards people that he does not know, strangers. He is territorial. When Officer Baldwin came to the house, the dog was inside my fence and as he came up to the fence the dog was being aggressive towards him. He got hit with that stick across the face that is only going to make him obviously a little more upset. At that point I detained him and put him in the house because I did not feel it was fair for him to get beat in his own yard. Mr. Chosnek: Anything that you want to provide to the Board Mr. Parker? Mr. Parker: No other than if we do get him back there changes to the fence that will be made as once I know that he is going to come back home. We will upgrade the fence to a 6 ft. cage; he will be in a 10x10 6 ft. tall kennel with a gate and that will be locked when he is outside. Honestly he is outside for 20-30 minutes at a time at the most but we will make whatever changes need to be made to keep the dog at the house. This is the family’s dog so I am speaking on behalf of the kids and everybody else that lives there. Mr. Childress: I have a question for the Animal Control Office-In the report of the juvenile that was bitten, was record made of that beyond the pictures taken of the dog and what was the remaining information? Were there pictures taken of the bites/puncture wound that was reported? Mr. Baldwin: Yes sir. The pictures were taken and upload with the case file. Mr. Childress: Were they provided to Mr. Parker? Mr. Baldwin: They are available upon request in the Police Records Department. Mr. Childress: Mr. Parker, did you request them? Mr. Parker: I asked on several occasions for some sort of proof for somebody and I was never told that I could get them anywhere. Mr. Chosnek: And who did you ask? Mr. Parker: The Animal Control Office and the Police Officer that were on scene, you know for proof that the dog bit somebody. And I was never provided that. Mr. Chosnek: Do you believe that the dog didn’t bite anybody? Mr. Parker: No absolutely not. I am not going to say didn’t because they are saying he did. They say that they have proof. Mr. Chosnek: You believe that the severity of the bite makes a difference? So if it was just through heavy clothes and your dog was only able to sort of puncture? Mr. Parker: With the mail carrier situation, I feel like it was more his claw then he jumped up and not his mouth. He might have jumped up and caught her with the claw. Mr. Chosnek: And that is a significant issue with mail carriers. They are worried about being attacked by dog when they are doing their job. She was going to house that is several houses away from yours. So your dog had gotten out. So this is 3-4 months after he has gotten out once before? Mr. Parker: Yes Mr. Chosnek: And you hadn’t increased the size of your fence to put up a kennel? Mr. Parker: Like I said earlier, he normally on a chain that he keeps on. An 8 and 10 year old let the dog out. Board of Public Works and Safety November 10, 2015 Page 7 Mr. Chosnek: The child that he got on the ground and bit on the face this summer; if that would have a serious injury, what would you have thought? Mr. Parker: As a parent I would have been distraught. Mr. Chosnek: What about the dog owner that let the dog get out? Mr. Parker: Well in that situation the gate wasn’t properly secured, he did not clear the fence on that situation. There is a gate on the rear of the property that was not latched. The kids cut through from the Boys & Girls Club on Beck Lane and it wasn’t latched so he got out. Mr. Chosnek: But in that your responsibility to concern yourself with any ways that he might be able to get out, might be able to hurt a child? Mr. Parker: Yes sir, absolutely. I tried to figure out who the kids was and where they lived at so I could say hey sorry, I messed up, the dog got loose and I apologize. I don’t even know what kid it was or where they live. No parent ever came down and said anything about the dog biting their kid. Mr. Shriner: You have several incidents and it’s not a first time thing. I don’t think anybody is intentionally trying to cause trouble for you. I think people are concerned. The mail carrier is a busy person and she is not making this up. Maybe another way to look at it is that you are fortunate that you are only here talking about at this level and not a far more serious consequence because of the behaviors of your dog. There has been a lot of responsibility here on your part that and the corrections have not been made. Mr. Chosnek said that at this point if there is nothing further the Board just needs to take a vote on whether to grant his appeal or deny his appeal. Mr. Shriner moved to uphold the judgement of the Animal Control Officers. Mrs. Ross seconded. Motion Carried. Mrs. Ross stated that she is concerned that if Mr. Parker is near the Boys & Girls Club do we have to wait for another accident for a child to get hurt? Mrs. Ross stated the Mr. Parker is going to make the changes but the dog could still and it has been aggressive. Mrs. Ross stated that the Board can’t take that chance. Mr. Henriott stated that this is the Board of Public Works and Safety and in this situation it is all about safety. Mr. Henriott stated that if Mr. Parker had made changes after the first incident this may have been avoided. Mr. Chosnek stated that at this point the appeal is over and if Mr. Parker wants to pursue it any further he would need to seek an attorney for his own advice. Discussion ensued regarding the fate of the dog at the Humane Society. Time: 9:38 a.m. BOARD OF PUBLIC WORKS AND SAFETY Gary Henriott s/s President ATTEST: Mindy Miller s/s Mindy Miller, 1st Deputy Clerk Minutes written by Mindy Miller, 1st Deputy Clerk *A digital audio recording of this meeting is available in the Lafayette City Clerk’s Office. Board of Public Works and Safety November 10, 2015 Page 8 Board of Public Works and Safety November 10, 2015 Page 9 Board of Public Works and Safety November 10, 2015 Page 10 Board of Public Works and Safety November 10, 2015 Page 11