Board of Works

BOARD OF PUBLIC WORKS AND SAFETY MINUTES April 26, 2016 Regular Session: The Board of Public Works and Safety met in regular session on Tuesday, April 26, 2016 at 9:00 a.m. in the Common Council Chambers. Members present were: Gary Henriott, Cindy Murray, Dawn Ross and Norm Childress. Absent: Ron Shriner 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 Mrs. Murray moved for approval of the minutes from the April 19, 2016 regular meeting. Mrs. Ross seconded. Passed. NEW BUSINESS Engineering Change Orders #1-7 (combined)-Big Four Depot Renovations Jenny Leshney, Public Works Director, presented to the Board and recommended approval of Change Order #1-7 (combined) for Big Four Depot Renovations in the amount of $182,465.00 which brings the revised contract amount to $1,187,865.00. Mrs. Leshney stated that the changes orders encompass revision to lower level ceiling, removal of stairs and canopy, complete lower level rest rooms, various finish items, exterior sealant repairs, architectural repairs and adding a trench drain. Mrs. Leshney stated that the completion of this project is set for May 23, 2016. Mr. Childress moved for approval. Mrs. Ross seconded. Passed. Mrs. Leshney announced that because of the construction of the MARQ, there is no heating or cooling at the Depot Building/Community Room therefore it will not be available for rent until July 2016. Water Pollution Control Permission to Advertise Request for Qualifications-Brown Street Combined Sewer & Greenbush CSO Tank Projects Brad Talley, Water Pollution Control Superintendent, presented to the Board and recommended approval of a Permission to Advertise for Request for Qualifications for Brown Street Combined Sewer & Greenbush CSO Tank Projects. The publications are set to run on May 6th & 13th, 2016 with the proposal opening on June 15, 2016. Mr. Talley gave the Board a brief description of the next four (4) years of work and planning that will be involved with this project. Mrs. Murray moved for approval. Mrs. Ross seconded. Passed. Board of Public Works and Safety April 26, 2016 Page 2 CLAIMS Mike Jones, Controller, presented for Board approval, Claims in the amount of $658,950.78. President Henriott asked if there were any further questions and there were none. Mrs. Ross moved for approval. Mrs. Murray seconded. Passed. MISCELLANEOUS Special Event Request-Adult Tricycle Relay Race Ken McCammon, Friends of Downtown, presented to the Board and recommended approval of a Special Event Request for the Adult Tricycle Relay Race to be held on May 7, 2016 from 11:00am-1:00pm on 2nd Street from Main to Ferry Streets. Mr. Childress moved for approval. Mrs. Ross seconded. Passed. Special Event Request-Alleypalooza Margy Deverall, Economic Development, presented to the Board and recommended approval of a Special Event Request for Alleypalooza to be held on May 14, 2016 from 12:00am-5:00pm in the alley between 5th & 6th Street/Main and Columbia Streets along with the parking lot across from the Long Center. Mrs. Ross moved for approval. Mr. Childress seconded. Passed. Special Event Request-OUTfest Mrs. Deverall presented to the Board and recommended approval of a Special Event Request for the OUTfest to be held on September 17, 2016 from 11:00am-2:00am on 5th Street from Columbia to Ferry Streets and Main Street from 4th to 6th Streets. Mrs. Murray moved for approval. Mr. Childress seconded. Passed. Special Event Request-Lower Lincoln Block Party Lori Walters, Faith Community Representative, presented to the Board and recommended approval of a Special Event Request for the Lower Lincoln Block Party to be held June 18, 2016 from 6:00pm-8:30pm on Hartford Street between Fannon Drive and N 6th Street. Mr. Childress moved for approval. Mrs. Ross seconded. Passed. Special Event Request-Vacation Bible School (Faith Community) Mrs. Walters presented to the Board and recommended approval of a Special Event Request for Vacation Bible School to be held June 13-17, 2016 from 6:00pm-8:30pm on Hartford Street between Fannon Drive and N 6th Street. Mrs. Ross moved for approval. Mrs. Murray seconded. Passed. Special Event Request-Lower Lincoln Play Days Mrs. Walters presented to the Board and recommended approval of a Special Event Request for the Lower Lincoln Play Days to be held May 14, May 21, June 11, June 25, July 16, July 23, July 30 and August 13, 2016 6pm-9pm on Hartford Street between Fannon Drive and N 6th Street. Mr. Childress moved for approval. Mrs. Murray seconded. Passed. Board of Public Works and Safety April 26, 2016 Page 3 President Henriott stated that the Board will take a recess from 9:14am until 9:20am at which time they will reconvene for the Animal Control Appeal Hearing. Time: 9:14 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 APPEAL MINUTES April 26, 2016 Appeal Hearing: The Board of Public Works and Safety met on Tuesday, April 26, 2016 at 9:20 a.m. in the Common Council Chambers. Members present were: Gary Henriott, Cindy Murray, Dawn Ross and Norm Childress. Absent: Ron Shriner Ed Chosnek, City Attorney, was also present. President Henriott reconvened the Board of Works meeting. Animal Control Appeal for Ed Chosnek this is the appeal of the removal of “Chopper” who is a pitbull breed from the home at 2412 Main Street. The owner of Chopper is Stephanie Hytrek . The appeal was filed by her mother, Lisa Brown. Mr. Chosnek stated that Mrs. Brown is present here today. Mrs. Brown agreed that she filed the appeal on behalf of her daughter. Mrs. Brown stated that Ms. Hytrek is a single mother of three (3) children and Chopper is like their security system. Mr. Chosnek established the fact the Ms. Hytrek is not here but she has authorized Mrs. Brown to proceed on her behalf of this appeal. Mrs. Brown stated that Ms. Hytrek had to do jury duty today. Mr. Chosnek gave the Board and audience the procedures of the hearing. Mr. Chosnek stated that the Board is proceeding with the appeal by Mrs. Brown who filed the appeal on behalf of Stephanie Hytrek who has consented for Mrs. Brown to represent her at this appeal. Mr. Chosnek stated that what the Board has in front of them is the first Police report that was an incident that occurred on March 27, 2016. Mr. Chosnek stated that Officer Butler and Officer Gard were called to 722 Park Avenue regarding an incident of a dog bite. The officer’s report indicates that they found that the neighbor’s dog which was at 2412 Main Street, a pitbull names Chopper owned by Stephanie Hytrek, had come into the yard while on a chain and had bit their son, Jesus Mirelez age 11. Chopper also latched into their dog which is a 4 month old Terrier. Mr. Chosnek stated that the report indicated that they had three (3) previous calls to 2412 Main Street and one (1) previous call to 722 Park Avenue that the officer believed was about the dog. The family of the child that was bitten reported that Chopper was getting out all the time chasing neighbors and kids. Mr. Chosnek stated that at that time there had been no prior dangerous animal agreement entered into but the police officers notified the Animal Control Officer Josh Board of Public Works and Safety April 26, 2016 Page 4 Klumpe. Mr. Chosnek that for the record, note that in the file the police officer took pictures of the boy. The boy was treated by the medics that were called to the scene. It was noted that the boy has bite marks on his upper nose and chin. Mr. Chosnek stated that the next document in the record is on March 28, 2016 Animal Control Officer Josh Klumpe went to 2412 Main Street and met with Chopper’s owner, Stephanie Hytrek. At that time a Dangerous Animal Agreement was entered into. The agreement requires that the owner contain the animal within a building or secure enclosure at all times, responsible for restraining the animal, and if the animal is not restrained the animal will be impounded and the ownership rights will be surrendered. Mr. Chosnek stated that this appeal is from the follow-up of that Dangerous Animal Agreement. In the file there is also a picture of Chopper. Mr. Chosnek stated that on April 16, 2016 there was another police call by Monique Mirelez at 722 Park Avenue where Animal Control Officer Trent Baldwin was dispatched. At that time apparently Chopper got through the fence and had an altercation/shaking of the Terrier mix dog. For the record, in the packet there is a picture of the terrier that was bloody. Mr. Chosnek stated that there were prior incidence of the three (3) calls that were made to dispatch but no further action was taken or police reports. Officer Klumpe stated that Chopper is inside a fenced yard while on a chain. The chain can reach the fence and Chopper has a tendency to get under the fence. Officer Klumpe stated that the first time he met Chopper he was extremely friendly and had zero issues. Officer Klumpe stated that Chopper is a staff favorite at the Almost Home Humane Society. Chopper is a friendly dog but there is a lot of animosity between the two households. Officer Klumpe stated that Ms. Hytrek advised him that the children at the victim’s house tend to tease and throw things at Chopper. Officer Klumpe stated that when he issued the Dangerous Animal Agreement he reads every single word of the agreement to the owner so they clearly understand. Officer Klumpe told Ms. Hytrek that if Chopper’s chain can reach the fence, it doesn’t need to be on the chain. If the dog can get under the fence, the dog doesn’t need to be loose in the fence. Officer Klumpe stated that until Ms. Hytrek gets a 6’ privacy fence/kennel system, the dog will continue to get under the fence. Officer Baldwin stated that he responded to one of the previous calls where the neighbors at 722 Park Avenue stated that the dog was trying to get out and get to them. Officer Baldwin stated that the dog had gotten out but was still hooked up to the chain but nothing had happened to anyone. At that point everything to include the agreement was explained to the owner. The length of the leash and the way the doghouse is set up was address with Ms. Hytrek by Officer Baldwin. Officer Klumpe stated that these two neighbors are joined by a chain link fence in their backyards. Mrs. Ross asked Mrs. Brown is her daughter owes the home and have the capability of putting up a fence. Mrs. Brown stated that she is buying it on contract and does not have capability for a fence at this time. Mrs. Brown stated that her daughter is a single mother, disabled and works several jobs. Mrs. Brown stated that in backyard fence is two feet inside the property line at 2412 Main Street. Subsequently each time that Chopper has gone under the fence, technically he is still in the yard. Mrs. Brown stated that the neighbor’s dogs have been off of the leash, off of a chain and charges the fence. Mrs. Brown explained a situation where Chopper charged the fence due to the other dog and the son’s case worker called Chopper away for the fence, to which the dog complied easily. Mrs. Brown stated that the owner of the terrier starting calling her names and hit her with a 2x4 board on her shoulder. Mrs. Brown has filed a police report and is prosecuting the lady. Mrs. Brown stated that when the little boy got bit back in March it was because he hit Chopper with a baseball bat on his back first. Chopper bit the little boy out of instinct. Mrs. Brown stated she has witnessed the neighbor kids taunting Chopper on several occasions. Mrs. Brown stated that her daughter lives in fear constantly because she is there with three (3) children without a dog to warn her. Ms. Hytrek has lived in this area for nine (9) years and hasn’t had any issues except for this one neighbor. Mrs. Brown stated that if you spare Chopper’s life her cousin, Stacey Bollinger who lives Board of Public Works and Safety April 26, 2016 Page 5 in Illinois, will be able to take the dog. Mr. Chosnek stated that just because the dog was taken doesn’t mean that he will be put down. Mr. Chosnek explained the process the dog will go through prior to being adopted out through the Almost Home Humane Society. Based on what Officer Klumpe said Chopper is doing well at the shelter and is likely to be put up for adoption. Officer Klumpe stated that the dangerous animal agreement only applies to the City of Lafayette and has no bearing out of state. Officer Klumpe stated that if the family has someone that is willing to take the dog he sees no issue with that. Mr. Chosnek stated that this appeal relates to whether or not the Board is going to return Chopper to Ms. Hytrek. Officer Klumpe stated that putting the dog back at 2412 Main Street will only result in more incidents due to the neighbors. Chopper would do really well if he was not out back into that environment. Mrs. Brown stated that she lives at 239 Brookfield Drive in Brookfield Heights with a six foot privacy fence and is also willing to take the dog until her cousin can come get him. Mr. Chosnek stated that Chopper will not be released until Mr. Bollinger comes here to adopt the dog himself. Mr. Childress asked the Animal Control Officers if they deem the dog as aggressive at this point. Officer Klumpe stated that he does at a certain extent. Having the dog removed from that situation he is not a threat or aggressive. Officer Klumpe believes Chopper’s behavior has a lot to do with the animosity with the neighbors. Mr. Childress stated that as a Board member his personal opinion is that the dog should not be returned to that circumstance and wants to make sure that they are not potentially exporting a problem unto someone else. Officer Klumpe believes that if Chopper is with someone that has the correct fencing, knowledge on the dog and the breed-Chopper should do very well. Mr. Childress moved to affirm the denial of the appeal and not be returned to the owner. Mrs. Murray seconded. Motion Carried. Time: 9:50 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 Board of Public Works and Safety April 26, 2016 Page 6 Board of Public Works and Safety April 26, 2016 Page 7 Board of Public Works and Safety April 26, 2016 Page 8 Board of Public Works and Safety April 26, 2016 Page 9 Board of Public Works and Safety April 26, 2016 Page 10