Board of Works

BOARD OF PUBLIC WORKS AND SAFETY MINUTES October 4, 2016 Regular Session: The Board of Public Works and Safety met in regular session on Tuesday, October 4, 2016 at 9:00 a.m. in the Common Council Chambers. Members present were: Gary Henriott, Cindy Murray, Norm Childress, Dawn Ross and 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 Mr. Childress moved for approval of the minutes from the September 27, 2016 regular meeting. Mr. Shriner seconded. Passed. NEW BUSINESS Engineering Recommendation for Award-Wabash River Promenade (Custom Cuts Lawncare) Jenny Leshney, Public Works Director, presented to the Board and recommended approval of a Recommendation for Award for the Wabash River Promenade with Custom Cuts Lawncare in the amount of $6,701.25. Mr. Childress moved for approval. Mrs. Ross seconded. Passed. Contract-Wabash River Promenade (Custom Cuts Lawncare) Mrs. Leshney stated that the Contract and Notice to Proceed do not have original signatures. President Henriott stated that this item will be tabled. Mr. Shriner moved to table this item. Mrs. Murray seconded. Tabled. Notice to Proceed-Wabash River Promenade (Custom Cuts Lawncare) President Henriott stated that this item will be tabled. Mr. Shriner moved to table this item. Mrs. Murray seconded. Tabled. Recommendation for Award-Wabash River Promenade (Smock Fansler) Mrs. Leshney presented to the Board and recommended approval of a Recommendation for Award for the Wabash River Promenade with Smock Fansler in the amount of $312,500.00 for the concrete stairs. Mr. Childress moved for approval. Mrs. Ross seconded. Passed. Board of Public Works and Safety October 4, 2016 Page 2 Contract-Wabash River Promenade (Smock Fansler) Mrs. Leshney stated that the Contract and Notice to Proceed do not have original signatures. President Henriott stated that this item will be tabled. Mr. Shriner moved to table this item. Mrs. Murray seconded. Tabled. Notice to Proceed-Wabash River Promenade (Smock Fansler) President Henriott stated that this item will be tabled. Mr. Shriner moved to table this item. Mrs. Murray seconded. Tabled. Permission to Advertise-Structure Demolition-1915 Congress Street Mrs. Leshney presented to the Board and recommended approval of a Permission to Advertise for the Structure Demolition for 1915 Congress Street. Mrs. Leshney stated that the Lafayette Hearing Authority originally approved demolition of the addition on the back of the house. But the house has deteriorated to the point that the entire structure needs to be demolished. Mrs. Ross moved for approval. Mrs. Murray seconded. Passed. LPA Agreement with Butler, Fairman & Seufert-Twyckenham Boulevard between Poland Hill and South 9th Street Mrs. Leshney presented to the Board and recommended approval of a LPA Agreement with Butler, Fairman & Seufert for the Twyckenham Boulevard between Poland Hill and South 9th Street Project. Mrs. Leshney stated that this is a federal aid project that is 80/20 in the amount of $522,920.00. This project includes striping the new three lanes and bike lanes until the traffic dictates that there might have to be something different with that in the future. Discussion ensued. Mr. Shriner moved for approval. Mrs. Ross seconded. Passed. Lafayette Housing Authority Release of Mortgage-3139 Prairie Lane, Lafayette Indiana Valerie Oakley, Project Manager, presented to the Board and recommended approval of a Release of Mortgage for 3139 Prairie Lane. The homeowner has satisfied the 10 year period of affordability. Mr. Childress moved for approval. Mrs. Ross seconded. Passed. Release of Covenant for Deed Restrictions-3139 Prairie Lane, Lafayette Indiana Mrs. Oakley presented to the Board and recommended approval of a Release of Covenant for Deed Restrictions for 3139 Prairie Lane. Mr. Shriner moved for approval. Mrs. Murray seconded. Passed. CLAIMS Mike Jones, Controller, presented for Board approval, Claims in the amount of $4,232,790.12. President Henriott asked if there were any further questions and there were none. Mrs. Murray moved for approval. Mr. Childress seconded. Passed. Board of Public Works and Safety October 4, 2016 Page 3 MISCELLANEOUS Proclamation-Mental Illness Awareness Week 2016 Mayor Roswarski read the following proclamation: Mayoral Proclamation for Mental Illness Awareness Week 2016 WHEREAS, mental health is part of overall health; and WHEREAS, one in five adults experiences a mental health problem in any given year; and WHEREAS, approximately one-half of chronic mental illness begins by the age of 14 and threequarters by age 24; and WHEREAS, suicide is the 10th leading cause of death in the United States and the 2nd leading cause among young adults, and 90% of people who die by suicide have an underlying mental illness; and WHEREAS, long delays−sometimes decades−often occur between the time symptoms first appear and when individuals get help; and WHEREAS, early identification and treatment can make a difference in successful management of mental illness and recovery; and WHEREAS, it is important to maintain mental health and learn the symptoms of mental illness in order to get help when it is needed; and WHEREAS, every citizen and community can make a difference in helping end the silence and stigma that for too long has surrounded mental illness and discouraged people from getting help; and WHEREAS, public education and civic activities can encourage mental health and help improve the lives of individuals and families affected by mental illness. WHEREAS, NOW, THEREFORE BE IT RESOLVED, I Tony Roswarski, Mayor of Lafayette, Indiana, do hereby proclaim October 2 through October 8, 2016 as Mental Illness Awareness Week in Lafayette, Indiana, to shine a light on mental illness and fight stigma, provide support, educate the public and advocate for equal care. AND BE IT FURTHER RESOLVED that all citizens, businesses, schools and community organizations are encouraged to take the #StigmaFree pledge at www.nami.org/stigmafree in observance of Mental Illness Awareness Week. Charlotte Warner, NAMI Board President, appreciated the Board and Mayor Roswarski designating this Mental Illness Awareness Week. The affiliate of West Central Indiana was named the ‘Affiliate of the Year’ last Friday. Next Wednesday night there will be a Professor from Purdue talk at St. Elizabeth about bio-markers and how that affects better diagnoses of mental illnesses. Ms. Warner also invited the Board to participate in the NAMI walk on Sunday, October 9, 2016. Board of Public Works and Safety October 4, 2016 Page 4 ANNOUNCEMENTS Fire Chief, Richard Doyle, announced that Fire Prevention Week starts next week and will be having their annual fire prevention show for kindergarteners through 2nd graders. Time: 9:17 a.m. President adjourned the meeting but will reconvene in a few minutes for the animal control appeals. BOARD OF PUBLIC WORKS AND SAFETY APPEAL MINUTES October 4, 2016 Appeal Hearing: The Board of Public Works and Safety met on Tuesday, October 4, 2016 at 9:25 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 Monterroso Ed Chosnek stated that the Christian Monterroso, ACO Baldwin, ACO Manuel and ACO Klumpe were all present. This appeal is just related to Bambi whom was subject of the Dangerous Animal Agreement. Mr. Chosnek stated that the other 2 dogs are subject to a nuisance agreement and once Mr. Monterroso complies with rest of the ordinance requirements, the 2 dogs will be returned to him. Mr. Monterroso agreed. Mr. Chosnek stated that the first incident report was filed on May 20, 2016 where there was a caller that made a request that the ACO check on the condition of the dogs at 2808 Meadow Drive, which is where Mr. Monterroso lived at that time. ACO Klumpe saw at least 5 dogs inside the house and no one was home at the time. ACO Klumpe left a contact card so that the homeowner could be advised under the city ordinance there is a maximum 3 dogs allowed in each home. Mr. Chosnek stated that the next incident report was filed on May 23, 2016 where a call was received for ACO to check the conditions of the dogs again at that same address. ACO Manuel noticed 6 dogs in the front window and there was no contact made with the homeowner. There was a large amount of feces on the floor so a warning notice was left at the property. Mr. Chosnek stated that the next incident report was filed on May 29, 2016 where another call was received about dogs barking and disturbing neighbors all night. The caller stated that there was a lot of puke and feces in the room that the dogs were in. The owner had been out of town since Friday and not sure when he would be back. Mr. Chosnek stated that the next incident report was filed on June 4, 2016 where ACO Manual reported that Mr. Monterroso was waiting on a person to pick up two of the puppies and would be down to 4 dogs. Mr. Monterroso also told ACO Manuel that he was moving to 807 S. 26th Street. Board of Public Works and Safety October 4, 2016 Page 5 Mr. Chosnek stated that the next incident report was filed on July 18, 2016 where the three dogs where running at large (RAL) that include a small terrier mix and a pregnant mini pincher that has escaped through the fence. All three dogs charged at ACO Manuel exited her truck. The third dog was a large black/tan terrier mix dog Bambi, was the most aggressive and continued to charge and attempt to bite the ACO. The dog also charged and attempted to bite someone walking down the street. ACO Manuel was able to scare the dog away from that person. The gate was open at 807 S. 26th Street. The dogs where captured and put back in the backyard. Mr. Chosnek stated that the Lafayette Police Dispatch (LPD) was called later that Bambi was out and bit someone while he was on his bike. Mr. Chosnek stated that the next incident report was filed on July 19, 2016 where ACO Manuel made contact with Mr. Monterroso where he signed a Dangerous Animal Agreement for Bambi. Mr. Chosnek stated that the next incident report was filed on September 20, 2016 where ACO Klumpe was dispatched to the 2200 block of N. 21st Street. The caller advised that for the last three days, three dogs have been RAL. Mr. Monterroso had dropped his dogs off at a friend’s house to watch them but the friend didn’t want to watch them therefore the dogs were RAL. All three dogs were taken to Almost Home Humane Society (AHHS). Mr. Chosnek stated again that this appeal is just for Bambi because of the violation of the Dangerous Animal Agreement. There has been a nuisance agreements signed for the other two dogs. Christian Monterroso, 807 S. 26th Street, stated that he travels around the state for his business so it is hard to him to leave them in one place for long periods of time. Mr. Monterroso stated that he has found a place in Greentown, Indiana where he will take the dogs where they will be watched all day. This is also the location where he is will be staying at for about 6 months. The reason he left the dogs with his friend was because he has to leave town for 4 days. Mr. Monterroso stated that Bambi was probably scared at the time that he bit someone. Mr. Monterroso stated that he currently has 3 dogs to comply with city ordinance. Mr. Henriott stated that part of the dangerous animal agreement is when it is violated the owner relinquishes its ownership rights to the dog. ACO Klumpe stated that Bambi is bolder that the other two dogs. Mr. Childress asked how long the dog has been in the AHHS. ACO Klumpe stated that Bambi is housed with the other male dog and it not quite sure how the staff has been with Bambi. Mr. Chosnek stated that the dogs have been at AHHS a little over a week. None of the dogs are altered but the two dogs that are subject to the nuisance agreement will be altered before being returned to Mr. Monterroso. ACO Klumpe stated that Bambi’s attitude could be environmental. Mrs. Ross moved to deny the appeal and ownership rights are terminated. Mr. Shriner seconded. Denied. Mr. Childress abstained based on there not being enough information about Bambi’s temperament for him to pass judgement. Animal Control Appeal for Hughes Ed Chosnek stated that the Brandon Hughes, ACO Baldwin, ACO Manuel and ACO Klumpe were all present. This appeal is just related to Hemi whom was subject of the Dangerous Animal Agreement. Mr. Chosnek that the first incident report was filed on January 15, 2016 where there was a call made that the dog was being aggressive towards the mail carrier locked in her truck. ACO Baldwin arrived to the dog in the middle of the road barking at the truck. ACO Baldwin called the dog to get it away from the truck and it ran towards the ACO, growled and became aggressive. ACO Baldwin yelled for the dog to go Board of Public Works and Safety October 4, 2016 Page 6 home and ran home. A Dangerous Animal Agreement was entered into by Brandon Hughes and ACO Baldwin. Mr. Chosnek stated that the next incident report was filed on March 18, 2016 where there was a call that Hemi had broken through the fence and was chasing the caller. ACO Baldwin arrived verified this and issued a $500 citation and agreed that if Mr. Hughes fixed the fence the citation would be reduced to $250.00. Mr. Chosnek stated that since Hemi had not bitten anyone even though he was under a dangerous animal agreement, the ACO used discretion to allow them to keep the dog if they fixed the fence. About five days later ACO Baldwin checked the status of the fence and it was repaired. Mr. Chosnek stated that the next incident report was filed on September 23, 2016 where Hemi was RAL again and bit a young female which was a significant bite. At that time the dog was taken to AHHS where is has been. ACO Manuel stated that she was dispatched for a large dog RAL when she arrived on scene witnessed the dog in the middle of the road. The dog was barking. When ACO Manuel approached the dog he did not run but continued to bark. ACO Manuel tried to lure the dog with treats but the dog ran away. As she was following the dog a male came out of his house to report that the dog did bite his young daughter on the back of the leg. Several minutes later ACO Manuel was able to follow the dog home-yelling “go home” where he went to his home where she noticed that the fence was wide open. No one appeared home but a neighbor came out to verify that no one was home. Then the dog proceeded to go into the neighbor’s garage. The neighbor was able to help her put a leash on the dog. ACO Manuel had the dog on a leash and tried to walk him back to the truck but when they started walking the dog showed signs of fear aggression and didn’t want to go with ACO Manuel. The neighbor came out to assist ACO Manuel with getting the dog into the truck. The dog appeared to have fear aggression and was scared. Once at AHHS the dog is still very fear aggressive and only one staff member has been able to get close to the dog. ACO Manuel stated that the young girl that was bitten was about 12 years old. Brandon Hughes, 4120 Thomas Jefferson Road, stated that he knows that his fence is junk and the whole thing needs to be replaced. The dog is not normally like this and Mr. Hughes has gotten another dog November 2015 name Luscious. Mr. Hughes stated that after ACO Baldwin was there the first time he went a bought a 3500 count box of drywall screws and put 6 screws in each panel of his fence all the way around. He neglected to fix the latch on the gate and is starting to warp. Mr. Hughes stated that he has had the dog since it was 8 weeks old and acts fine with friends of Mr. Hughes. Mr. Hughes didn’t know why Hemi would be uncomfortable with a child because he has never had any problems like this before. Mr. Hughes stated that he is going to fix his fence and do whatever he can to make sure this never happens again. Mr. Hughes feels very sorry for the little girl. Mr. Shriner appreciated Mr. Hughes being honest with the Board and the condition of the fence and explained the liability involved. Mr. Chosnek stated the terms of the signed dangerous animal agreement if violated. Mr. Childress moved to deny the appeal and ownership rights are terminated. Mrs. Murray seconded. Denied. Time: 9:55 a.m. BOARD OF PUBLIC WORKS AND SAFETY Gary Henriott s/s President Board of Public Works and Safety October 4, 2016 Page 7 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