Board of Works

BOARD OF PUBLIC WORKS AND SAFETY MINUTES August 23, 2016 Regular Session: The Board of Public Works and Safety met in regular session on Tuesday, August 23, 2016 at 9:00 a.m. in the Common Council Chambers. Members present were: Gary Henriott, Cindy Murray, Norm Childress, Ron Shriner and Dawn Ross 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 August 16, 2016 regular meeting. Mrs. Ross seconded. Passed. BIDS UNDER ADVISEMENT 2016 Kossuth Street Tree Planting Project President Henriott stated that this item will remain under advisement. NEW BUSINESS Engineering Recommendation for Award-2016 CDBG Fall Tree Planting Project Leanne Wells, Urban Forester, presented to the Board and recommended approval of a Recommendation for Award for the 2016 CDBG Fall Tree Planting Project with Williams Creek Consulting in the amount of $45,862.30. Mr. Shriner moved for approval. Mrs. Ross seconded. Passed. Contract-2016 CDBG Fall Tree Planting Project Ms. Wells presented to the Board and recommended approval of a Contract for the 2016 CDBG Fall Tree Planting Project with Williams Creek Consulting in the amount of $45,862.30. Mrs. Murray moved for approval. Mr. Shriner seconded. Passed. Notice to Proceed-2016 CDBG Fall Tree Planting Project Ms. Wells presented to the Board and recommended approval of a Notice to Proceed for the 2016 CDBG Fall Tree Planting Project. Ms. Wells stated that work will commence on September 19, 2016 and be completed on or before November 19, 2016. Mr. Shriner moved for approval. Mrs. Ross seconded. Passed. Board of Public Works and Safety August 23, 2016 Page 2 Change Order #2-2015 CDBG Sidewalk Replacement Project Jenny Leshney, Public Works Director, presented to the Board and recommended approval of Change Order #2 for the 2015 CDBG Sidewalk Replacement Project. The change order includes a quantity adjustment deduct in the amount of ($67,849.40) and added items reflecting an increase of $61,419.50. Mrs. Leshney stated that the revised contract amount is $547,388.10. Mrs. Murray moved for approval. Mr. Childress seconded. Passed. Change Order #5-Old Romney Road Phase III Mrs. Leshney presented to the Board and recommended approval of Change Order #5 for the Old Romney Road Phase III for final quantity adjustments that reflect a deduct in the amount of ($115,019.22) which brings the revised contract amount to $3,704,236.65. Mr. Childress moved for approval. Mr. Shriner seconded. Passed. Change Order #2-2016 Curb, Sidewalk and Ramp Replacement Project Mrs. Leshney presented to the Board and recommended approval of Change Order #2 for the 2016 Curb, Sidewalk and Ramp Replacement Project with Dixon Construction. The change order is an increase in the amount of $15,277.25 which brings the revised contract amount to $145,815.25. Mrs. Leshney stated that the change order is for additional ramp work at Owen Street and quantity adjustments at Cincinnati Street. Mrs. Ross moved for approval. Mrs. Murray seconded. Passed. CLAIMS Mike Jones, Controller, presented for Board approval, Claims in the amount of $3,771,368.00. President Henriott asked if there were any further questions and there were none. Mr. Childress moved for approval. Mr. Shriner seconded. Passed. MISCELLANEOUS Special Event Request-German Fest President Henriott presented to the Board and recommended approval of a Special Event Request for German Fest to be held on September 10, 2016 from 4:30am until 11:00pm at St. Boniface and surrounding neighborhood streets. President Henriott stated that the information that was submitted needs to be adjusted and Shelia would be bringing updated information later today. Mrs. Murray addressed Chief Flannelly regarding the closing at 9th Street. Mr. Childress moved for approval subject to the changes made by the Board. Mr. Shriner seconded. Passed. President Henriott stated that the meeting will reconvene for the Animal Control Appeal Hearing at 9:15a.m. Time: 9:08 a.m. Board of Public Works and Safety August 23, 2016 Page 3 BOARD OF PUBLIC WORKS AND SAFETY APPEAL MINUTES August 23, 2016 Appeal Hearing: The Board of Public Works and Safety met on Tuesday, August 23 2016 at 9:15 a.m. in the Common Council Chambers. Members present were: Gary Henriott, Cindy Murray, Dawn Ross, Norm Childress and Ron Shriner Ed Chosnek, City Attorney, was also present. President Henriott reconvened the Board of Works meeting. Animal Control Appeal for Horton Ed Chosnek that the first incident report was filed on July 15, 2015. At approximately 9:30a.m. Animal Control Officer (ACO) Trent Baldwin was called to a home where a dog had trapped someone in a car that a neighbor, Michael Deno, went to try to get the dog away from the car and the dog bit Mr. Deno. The dog went back to the owner, Valerie Horton, and ACO Baldwin talked to Valerie. At that time a Dangerous Animal Agreement was executed by ACO Baldwin and signed by Valerie Horton. In pursuant to the Dangerous Animal Agreement, the owner was required to keep the animal within a secure enclosure or restrained at all times. That if the animal is left unrestrained in the future, it would be impounded and the ownership rights would be surrendered. Mr. Chosnek stated that on August 11, 2016 ACO Klumpe received a call for Diane Hudson stating that she was walking north on 18th Street where the dog in question was out front at 1317 N. 18th Street, the dog charged her and bit her on the upper thigh. The dog actually punctured the skin. Therefore the dog was then ceased and because there was no ability to confirm that the dog had gone through appropriate rabies shots, it was impounded for the 10 day quarantine. Mr. Chosnek stated that Ms. Horton filed an appeal and is included in the packet. The dog is not currently incensed with the City of Lafayette. The 10 day waiting period has elapsed therefore the victim is not required to undergo the rabies treatment. Mr. Chosnek stated that evidence is insufficient that the dog has had its rabies shot. Mr. Chosnek stated that ACO Klumpe has had experience with the dog while it’s been in detention at Almost Home Humane Society. ACO Klumpe stated that he impounded the dog on August 11, 2016 and as of right now the dog is showing possession and aggression at the kennel. The dog is unable to be taken out on a leash and the staff has a hard time handling/moving her from kennel to kennel. The dog has gotten to the point where her aggression is pretty exuberate. ACO Klumpe described the dog currently as aggressive and mean. The shelter is a stressful situation for any dog and dog’s behavior and can go one of a few different ways due to those conditions. ACO Klumpe stated that the dog can become fearful, fine or they go ‘kennel crazy’. ACO Klumpe feels like the dog in question is experiencing ‘kennel crazy’ tendencies. Mr. Chosnek stated that ACO Baldwin was the officer that had the animal agreement first signed during the first incident of aggression and then ACO Klumpe was the officer that went to the second incident where Mrs. Huston was bit. Mr. Shriner stated that this is the first appeal where he recalls that when assistance arrived, the dog was aggressive towards the responding officer. ACO Klumpe stated that when he arrived to the call, the dog was inside the house and Ms. Horton was very cooperative. Mr. Childress asked ACO Klumpe to clarify where it indicates the initial scratch on her hand. ACO Baldwin stated that Mr. Deno said that he received a scratch on his hand from the dog but believed that if he had not pulled his hand back when he did, the dog would have completely bit him. ACO Baldwin also stated that Mr. Deno received indention marks on his leg from the dog as well. ACO Klumpe stated that when they impound a dog it goes straight Board of Public Works and Safety August 23, 2016 Page 4 to Almost Home and receive medical treatment i.e shots. With dangerous animal agreements, the dogs are put on ‘staff row’ so only staff has access to the dog. ACO Klumpe stated that the dog in question, Athena, is very aggressive over her kennel. Mr. Chosnek invited Ms. Horton to speak on her behalf of her appeal. Ms. Horton stated the dog has had some episodes of epilepsy so her behavior is unpredictable. Ms. Horton stated that the dog has not been treated for that yet. Ms. Horton also stated that she a muzzle for her that she can use. Mr. Chosnek stated that Ms. Horton is appealing the surrendering of the dog. The Board has to determine whether to approve her appeal where the dog would be returned to here or deny her appeal where the dog would remain in control of Almost Home. Ms. Horton’s ownership rights would be surrendered at that time. Mr. Chosnek asked Ms. Horton if she has a fenced in backyard. Ms. Horton stated that she does not. Ms. Horton stated that the dog actually belongs to her daughter whom is in the service at this time. Mrs. Murray moved to deny the appeal and ownership rights are terminated. Mr. Shriner seconded. Denied. Time: 9:27 a.m. BOARD OF PUBLIC WORKS AND SAFETY Gary Henriott s/s President ATTEST: Mindy Miller s/s st Mindy Miller, 1 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. **A list of all permits issued for the preceding week is available at http://lafayette.in.gov/2085/7400/Weekly-Permit-Reports?activeLiveTab=widgets