Board of Works

BOARD OF PUBLIC WORKS AND SAFETY MINUTES September 13, 2016 Regular Session: The Board of Public Works and Safety met in regular session on Tuesday, September 13, 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 September 6, 2016 regular meeting. Mr. Childress seconded. Passed. BID OPENING Wabash River Promenade This being the time set to open bids for the Wabash River Promenade, the following bids were received and opened: Custom Cuts Lawn Care, Inc. Lafayette, Indiana Bid: $6,701.25 Smock Fansler Indianapolis, Indiana Bid: $312,500.00 Mr. Childress moved to take the bids under advisement for further review. Mr. Shriner seconded. Passed. Mrs. Leshney stated that the bid amounts are different because each bidder is bidding for a different package of the project. QUOTE OPENING City Hall Plaza Project This being the time set to open quotes for the City Hall Plaza Project, the following quotes were received and opened: CC&T Construction Indianapolis, Indiana Total Quote: $146,395.00 Board of Public Works and Safety September 13, 2016 Page 2 Heartland Excavating Lafayette, Indiana Total Quote: $77,048.00 Mr. Shriner moved to take the quotes under advisement for further review. Mrs. Ross seconded. Passed. Brown Street, Phase I Project This being the time set to open quotes for the Brown Street Phase I Project, the following quotes were received and opened: Bowen Engineering Indianapolis, Indiana Total Quote: $3,670,600.00 Mrs. Ross moved to take the quotes under advisement for further review. Mrs. Murray seconded. Passed. NEW BUSINESS Engineering Change Order #1-2016 Pavement Markings Jenny Leshney, Public Works Director, presented to the Board and recommended approval of Change Order #1 for the 2016 Pavement Markings with Indiana Sign & Barricade. The change order is in the amount of $31,668.34 which brings the revised contract amount to $195,913.27. Mr. Childress moved for approval. Mr. Shriner seconded. Passed. Certificate of Completion-2016 Pavement Markings Mrs. Leshney presented to the Board and recommended approval of a Certificate of Completion for the 2016 Pavement Markings with Indiana Sign & Barricade. Mrs. Murray moved for approval. Mr. Childress seconded. Passed. CLAIMS Mike Jones, Controller, presented for Board approval, Claims in the amount of $1,215,402.19. 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-Zombie Stomp, Hop and Crawl Jule Pope, Zombie Event Organizer, presented to the Board and recommended approval of a Special Event Request for the Zombie Stomp, Hop and Crawl to be held on October 29, 2016 from 4:00pm- 8:00pm at Riehle Plaza, John T. Myers Bridge and Big 4 Depot Community Room. Mr. Childress moved for approval. Mr. Shriner seconded. Passed. Board of Public Works and Safety September 13, 2016 Page 3 President Henriott stated that the Board will take a short recess. Time: 9:11 a.m. BOARD OF PUBLIC WORKS AND SAFETY APPEAL MINUTES September 13, 2016 Appeal Hearing: The Board of Public Works and Safety met on Tuesday, September 13, 2016 at 9:18 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. ACO Josh Klumpe, ACO Trent Baldwin, Cassandra Corwin and James Corwin were all present. President Henriott reconvened the Board of Works meeting. Animal Control Appeal for Corwin Ed Chosnek stated that this is the appeal by Cassandra Corwin to have a dog, Ice, which was picked up by Animal Control Officers (ACO) for violation of a Nuisance Agreement, returned to her. For the record, the Board has received a packet of various incident reports going back to 2013, the appeal and the notice. Mr. Chosnek stated that the first report happened on June 21, 2013 that resulted by a neighbor complaint that a dog was being tied up outside. The ACOs advised the owner to make sure that the dog is not barking and if it was barking to bring inside. Mr. Chosnek stated that the next complaint was made on July 24, 2014 that the dog continues to bark all dog and these complaints related to the address of 206 Monifiore Street, which is where the Corwin’s live with the dogs. Mr. Chosnek state that the next complaint was made on July 22, 2015 where a neighbor complained about the dog getting loose, the dog was covered in feces and the toenails were curling under. This was primarily an abuse of ownership of the animals. Mr. Chosnek stated that the next complaint was made on April 19, 2016 where ‘Ice’ was in the backyard chained to a tree. The ACOs were unable to see any food or water and attempted to contact the home owners, but no one was home. Mr. Chosnek state that the next complaint was made on May 19, 2016 from a call regarding potential abuse of ‘Ice’ who was attached to a metal cord that was wrapped around a lawn mower; a tree and the dog could walk in circles due to the tightness of the cord. The dog was shaking and did not have any food or water. The neighbor advised that the dog had been kept like that for weeks. Mr. Chosnek stated that there have been several calls that not only ACO went to but also the Lafayette Police. This complaint also had a police report attached to it. Mr. Chosnek stated that ACO attempted to get the owners to understand their obligation as an animal owner to take care of their animals. ACO went back on May 20, 2016 to check on the wellbeing and went back on June 20, 2016 to check on the dog’s vet check-up. Mr. Chosnek stated that things seem to be improving. Mr. Chosnek stated that the next complaint was made on July 11, 2016 where the report stated that the Chihuahua ‘Romeo’ had gotten loose and was running around in the neighborhood. There was a call from an individual at the Bluff Apartments that he was walking his dog there and ‘Ice’ was running at large (RAL). There was a concern by that caller whether ‘Ice’ was aggressive or not. The Corwin’s were warned that if the dogs continue to get out there would be a nuisance agreement would be issued. Board of Public Works and Safety September 13, 2016 Page 4 Mr. Chosnek stated that the next complaint was made on August 11, 2016 where ‘Ice’ and ‘Romeo’ were RAL which resulted in a nuisance agreement being placed against both dogs. Mr. Chosnek stated that the next complaint was made on August 18, 2016 where the police were called due to the front door standing open at the Corwin’s home. The pit-bull, who was previously subject to a dangerous animal agreement, was RAL and then back into the home. Both ‘Ice’ and ‘Romeo’ remained outside. ACO took both dogs to Almost Home Humane Society (AHHS) based on the violation of the nuisance agreement. ACO Josh Klumpe stated that the dangerous animal ‘Belle’ was removed and the nuisance animal ‘Romeo’ was removed. ‘Ice’ was inside the house the whole time locked in a bedroom. Mr. Chosnek stated that the next complaint was made on August 23, 2016 where ‘Ice’ was running loose but when ACO arrived ‘Ice’ was back in the house so nothing was done at that time. Mr. Chosnek stated that the next complaint was made on September 7, 2016 ‘Ice’ was RAL and that is when ACO picked him up and took him to AHHS pursuant to multiple violations and a nuisance agreement. Mr. Chosnek stated that the appeal by Cassandra Corwin was filed and advised of her appeal rights. The dog, based on being removed pursuant to the nuisance agreement and her ownership would be terminated, that she had the ability to appeal that to the Board of Works. Her appeal was filed on September 8, 2016. The Notice of the Appeal was personally delivered to the Corwin’s. ACO Klumpe stated that there were 3 dogs that lived at the Corwin’s house on 206 Montifiore Street. ‘Belle’ who was the dangerous animal and ‘Romeo’ who was the nuisance animal were removed from the home on the same day. The front door was open. The Corwin’s did very well keeping ‘Belle’ contained for the 3 years with the dangerous animal agreement in place until that day. ACO Klumpe stated that ‘Ice’ was being chained outside but the Corwin’s rectified that situation by bringing the dog inside. The Corwin’s did provide vet care for the animals that included rabies shots and wellness check-ups. ACO stated that the Corwin’s have been cordial and cooperative the entire time. This is just a situation where ‘Ice’ is bull headed, sneaky, and strong and gets loose. ACO Klumpe stated that the report where ‘Ice’ ran after somebody doesn’t sound like ‘Ice’s’ demeanor. Every time that ACO goes to a call ‘Ice’ tucks his tails and runs home. The dog is not easy to catch. ACO Klumpe stated that at the shelter ‘Ice’ he been doing fine. ‘Ice’ has been known to destroy both wire and plastic crates/kennels. ACO Trent Baldwin stated that ‘Belle’ was one of his first cases when starting out as an ACO in 2013. They have had zero calls about ‘Belle’ since then. ACO Baldwin stated that he has dealt with ‘Ice’ a hand full of times with the removal being his first involvement with ‘Ice’ after the issuing of the nuisance agreement. ‘Ice’ has never been a concern from public safety in the sense of going after someone, he just is a tuck tail and run kind of dog which could be dangerous in and of itself. ACO Baldwin stated that the environment that the dogs live in is not what ACOs want to see and leaves room for improvement. The required provisions are being provided, altered and up-to-date on medical care for the dogs. Mrs. Corwin stated that there are 6 children that live in the home; ages range from 13 years to 3 years old. ACO Klumpe stated that there are 2 puppies currently living in the home. ACO Klumpe stated that overall the number of calls in concerning in a high traffic area but unless the ACOs are convinced that extreme measures are taken to keep this dog in, the dog will continue to get out. Cassandra Corwin, 206 Montifiore Street, stated that the call about ‘Ice’ was when he was outside during the day and usually has food and water. Food and water was brought out to him several times a day but he knocks the bowls over. Mrs. Corwin stated that they have had ‘Ice’ for over 5 years; lovable and part of the family. The other dogs were part of their family too but Mrs. Corwin stated that she understands the severity of if ‘Belle’ were to escape the house. There was an issue with the door that didn’t latch and then it was remedied with a chain link. There is a window air conditioner there the Corwin’s took measures to secure that window as well. ‘Ice’ ended up breaking that window and got out. Mrs. Ross expressed concern about if the dogs can’t get out will the children be able to in case of a fire. Mrs. Corwin stated that the front door now how a chain lock that the older children are able to unlock but the dogs are not able to get out. Mrs. Corwin stated that the 2 puppies that are in the home now are replacing ‘Belle’ and ‘Romeo’ that were taken. Mr. Chosnek asked how often ‘Ice’ is taken for walks and exercise? Mrs. Board of Public Works and Safety September 13, 2016 Page 5 Corwin stated that she took him out on several short walks but not long walks, have tried letting him run in the county or in a fenced in property. Mrs. Corwin stated that these walks took place daily. Mr. Shriner stated that he is not going to support her appeal because there are limited resources with ACO, years of calls/complaints to the home for several dogs, and there doesn’t seem to be a good set-up at the home for dogs. Mr. Corwin asked Mr. Shriner what a good set-up would be for a home with dogs. Mr. Shriner replied by saying that when dogs are able to get in and out as easily as his dogs then there is a problem. Mr. Corwin stated that is why they went and got the chain lock for the front door. Discussion ensued regarding the time and effort spent on dogs and kids. Mr. Childress stated that he is a pet owner and understand about pets being like children but agreed with Mr. Shriner’s assessment of the situation because this is not an isolated situation but repeated over a number of years. Mr. Childress stated that this is a long standing inability to address an active dog’s need to have exercise and be out of the house. Mr. Corwin stated that the first real report of ‘Ice’ RAL was just a few months ago. Dealing with ACO was mostly due to ‘Belle’ in the last few years. Mr. Childress stated that the numerous amount of calls is coming from several neighbors not just one particular neighbor. Mr. Corwin stated that they have tried several ways to keep ‘Ice’ chained in the backyard, which none have worked. Mrs. Corwin explained to the Board that they have tried to rectify the situation each time another issue/problem come up with ‘Ice’ getting out. Mr. Childress moved to deny the appeal and ownership rights are terminated. Mr. Shriner seconded. Denied. Time: 9:47 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. **A list of all permits issued for the preceding week is available at http://lafayette.in.gov/2085/7400/Weekly-Permit-Reports?activeLiveTab=widgets