Board of Works

BOARD OF PUBLIC WORKS AND SAFETY MINUTES June 4, 2024 Regular Session: The Board of Public Works and Safety met in regular session on Tuesday, June 4, 2024 at 9:00 a.m. in the Common Council Chambers. Members present were: Gary Henriott, Cindy Murray, Ron Shriner, Eric Rody and Amy Moulton Jacque 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 May 28, 2024 regular meeting. Mrs. Moulton seconded. Passed. NEW BUSINESS Engineering Recommendation for Award- 2024 Micro-Surface Project Jeromy Grenard, Public Works Director, presented to the Board and recommended approval of a Recommendation for Award for 2024 Micro-Surface Project with Pavement Solutions, LLC. All necessary documents and information were submitted. Mr. Grenard stated that the project will be funded by the Motor Vehicle & Highway Fund. Mr. Shriner moved for approval. Mr. Rody seconded. Passed. Contract-2024 Micro-Surface Project Mr. Grenard presented to the Board and recommended approval of a Contract for the 2024 Micro-Surface Project with Pavement Solutions, LLC in the amount of $374,322.35. Mr. Grenard went over the details of the project. Mr. Rody moved for approval. Mrs. Murray seconded. Passed. Notice to Proceed- 2024 Micro-Surface Project Mr. Grenard presented to the Board and recommended approval of a Notice to Proceed for the 2024 Micro-Surface Project. The project is set to start today and should be completed in July 2024. Mr. Shriner moved for approval. Mr. Rody seconded. Passed. Lafayette Housing Authority Agreement between Lafayette Housing Consortium and Habitat for Humanity of Lafayette 2021 #2-South 5. Street Valerie Oakley, Project Manager, presented to the Board and recommended approval of an Agreement between Lafayette Housing Consortium and Habitat for Humanity of Lafayette 2021 #2-450 South 5th Street. This agreement provides up to $52,500.00 to construct and provide direct homebuyer assistance at 450 South 5th Street. This project is the second of four newly funded with the 2021 award to Habitat. The completed project will provide an energy Board of Public Works and Safety June 4, 2024 Page 2 efficient, newly constructed home for a new homeowner. Mrs. Oakley stated that this agreement uses HOME Funds and answered questions from the Board regarding the 2021 funding. Mrs. Moulton moved for approval. Mrs. Murray seconded. Passed. Release of Mortgage-1101 N. 18th Street, Lafayette Indiana Mrs. Oakley presented to the Board and recommended approval of a Release of Mortgage for 1101 N. 18 th Street, Lafayette Indiana. Mrs. Oakley stated that the loan has been paid off and is ready to clear the title. Mr. Rody moved for approval. Mrs. Murray seconded. Passed. CLAIMS Jeremy Diehl, Controller, presented for Board approval of Claims in the amount of $5,551,998.44. President Henriott asked if there were any further questions and there were none. Mrs. Moulton moved for approval. Mr. Rody seconded. Passed. MISCELLANEOUS Special Event Request-Bistro 501 Lobster Bake Mary Buckley, Event Representative, presented to the Board and recommended approval of a Special Event Request for the Bistro 501 Lobster Bake to be held on June 11, 2024 from 5:30pm-9:30pm on N. 5th Street between Columbia and Main Streets. Mr. Rody moved for approval. Mrs. Murray seconded. Passed. Mrs. Buckley raised her concerns about the leftover trash from the weekly Farmer’s Market in front of The Bistro and surrounding businesses. Special Event Request-Joint Religious Service Andrew Guthrie, Event Representative, presented to the Board and recommended approval of a Special Event Request for the Joint Religious Service to be held on June 30, 2024 from 7:30am-1:00pm on N. 6th Street between Ferry Street and Brown Street. Mrs. Moulton moved for approval. Mr. Shriner seconded. Passed. Special Event Request-Wabash Riverfest 5K Amy Krzton-Presson, Event Representative, presented to the Board and recommended approval of a Special Event Request for the Wabash Riverfest 5K to be held on July 13, 2024 from 7:00am-12:00pm on the John T. Myers Bridge and the Heritage Trail. Discussion ensued regarding the potential weather and current construction on the Heritage Trail. Mrs. Murray moved for approval. Mr. Rody seconded. Passed. Special Event Request-MatchBox Coworking Studio Annual Fundraiser Juliana Casavan, Event Representative, presented to the Board and recommended approval of a Special Event Request for the MatchBox Coworking Studio Annual Fundraiser to be held on July 12, 2024 from 6:00pm- 10:00pm on S. 6th Street between South Street and Alabama Street. Mr. Rody moved for approval. Mr. Shriner seconded. Passed. Time: 9:12 a.m. Board of Public Works and Safety June 4, 2024 Page 3 Animal Control Appeal Hearing-James Lewis BOARD OF PUBLIC WORKS AND SAFETY ANIMAL APPEAL MINUTES June 4, 2024 Appeal Hearing: The Board of Public Works and Safety met on Tuesday, June 4, 2024 at 9:20 a.m. in the Common Council Chambers. Members present were: Gary Henriott, Ron Shriner, Cindy Murray, Amy Moulton and Eric Rody. Jacque Chosnek, City Attorney, was also present. President Henriott called the meeting to order. Animal Control Appeal Hearing-James Lewis Ms. Chosnek gave a brief description of the procedure for this hearing. Ms. Chosnek stated that the Board has received copies of incident reports by the Lafayette Police Department and the Animal Control Officers. Ms. Chosnek stated that the owner of Bright Eyes is James Lewis at 2020 Scott Street. Mr. Lewis submitted is appeal in a timely manner with the Clerk’s Office. Chief Animal Control Officer (ACO), Sarah Goans, stated that she is familiar with the incidents that occurred on May 12, 2024 and May 24, 2024 with Bright Eyes. ACO Goans stated that on May 12, 2024 a young boy named Jamari was bit on the leg arm near his elbow while he was over playing at the neighbors’ house at 2020 Scott Street. There was no adult present when the bite occurred and there were several different conflicting stories from the kids that were present at the time that was given to the responding Lafayette Police Officer. ACO Goans confirmed that there was evidence that a bite occurred on two of the children on this day. ACO Goans stated that Jamari had a bite on the elbow that required stitches along with several puncture wounds. After Jamari was taken care of, his brother Jaiden also stated that he was nipped on the inside of his thigh with two small puncture wounds. Pictures of the two young boys with their injuries and wounds were provided to the Board and ACO Goans confirmed the pictures were accurate. ACO Goans stated that she followed up with 2020 Scott Street on the morning of May 13, 2024 but was unable to make contact with an adult at that address until May 16, 2024. ACO Goans stated that she spoke with Elisha Engleking regarding the incident that occurred on May 12, 2024 where she advised her that because of the discrepancies in the stories along with there was no adult present at the time and the bite was fairly substantial to the juvenile, a Dangerous Animal Agreement (DAA) would be issued then. ACO Goans stated that she explained the DAA agreement to Ms. Engleking. Ms. Engleking signed the DAA on that day. President Henriott asked if all the kids, that were present during the incident on May 12, 2024, knew which dog it was. ACO Goans confirmed that the kids all said that it was Bright Eyes, a pit-bull mix. Ms. Chosnek went of the details of the DAA agreement with the Board and ACO Goans confirmed that Ms. Engleking was aware of the outcome if the DAA was not followed. ACO Goans stated that she had a follow up conversation with Mr. Lewis about the DAA that was signed. ACO Goans stated that she answered all of Mr. Lewis’ questions regarding the DAA and the incident occurring on his property. ACO Goans stated that Mr. Lewis was upset that his daughter, who is not the owner of the dog, was the one that signed the DAA. ACO Goans explained to the Board that it sometimes matters if a bite incident occurs on the property of the dog versus in a public area. ACO Goans stated that DAAs are 100% issued if a bite occurs off the property of the dog but DAA was case by case if the bite occurs on the property of the dog due to the dog protecting etc. Ms. Chosnek confirmed that the two young boys that were bit on May 12, 2024 were not residents of 2020 Scott Street. Board of Public Works and Safety June 4, 2024 Page 4 Ms. Chosnek stated that both the May 24, 2024 incident report and Mr. Lewis’s appeal letter both included statements that the juvenile from 2014 Scott Street may have been tormenting the animal with a stick. ACO Goans stated that she was unable to verify if those statements were true. ACO Goans stated that she received a call on the morning of May 24, 2024 to 2020 Scott Street about an incident that occurred the night before on May 23, 2024. ACO Goans stated that Jamari was playing with the kids that live at 2020 Scott Street. Jamari was walking home in front 2018 Scott Street when one of the daughters in the home opened the door and Bright Eyes got out of the house. Bright Eyes ran to Jamari and bit him on the back of the thigh. ACO Goans stated that it seems clear from the bite and the location that Jamari was walking away from the dog at the time the bite occurred. ACO Goans stated that Jamari told her that he didn’t know that the dog was coming up behind him when he was bit. Pictures of his injuries and wounds on the May 24, 2024 incident were provided to the Board and ACO Goans confirmed the pictures were accurate. ACO Goans stated that this injury required stitches as well. ACO Goans confirmed that the evidence, location of the bit and the statement from Jamari indicates that he was infact walking away from the dog at the time that the bite occurred. ACO Goans stated that it is her opinion that if Bright Eyes is returned to Mr. Lewis, that further violations of Title 10 would occur, and recommended denial of the appeal and ownership terminated. Mr. Lewis, 2020 Scott Street, stated that he had no clue about the second bite to the second young boy, Jaiden, on May 12, 2024. No one said anything to him about that at all. Mr. Lewis stated that the only bite he heard about was the first bite to Jamari on the arm. Mr. Lewis stated that according to his children they were in the backyard playing and Bright Eyes was on her 10-foot steel lead. Mr. Lewis stated that until Jamari went to pick up a stick to hit daughter, Bright Eyes was ignoring him. Mr. Lewis stated that Bright Eyes loves attention, loves children and loves playing. Mr. Lewis stated that since they have moved into the house, the little boy has done nothing but torment Bright Eyes with sticks. Mr. Lewis stated that he and his family have told Jamari and Jaiden to stop doing that to Bright Eyes. Mr. Lewis stated that there are two other dogs that live with him that are Bright Eyes puppies that are husky/pit mixes. Mr. Lewis stated that Bright Eyes has a predisposition to protect her family. Mr. Lewis stated that he and his wife were on vacation when the May 24, 2024 incident occurred and know nothing about it. Mr. Lewis stated that was told that the two young boys were over at his house playing. When the boys went to go home his daughter opened the door and Bright Eyes ran out after the young boys. Mr. Lewis confirmed and agreed with Ms. Chosnek that the injuries to the young boy are significant. Mr. Lewis stated that if the dog is returned to him Bright Eyes will be rehomed to his parents in Camden Indiana with 2 acres of yard. Mr. Lewis confirmed that bites did occur on separate occasions both on and off the property with Bright Eyes and resulted in both bites requiring stitches. President Henriott stated that the dog can’t go home because the dog is unpredictable, and the neighborhood is full of kids that play. President Henriott stated that he has empathy for Mr. Lewis and this situation. Mr. Shriner stated that the Board understands that this is not about the type of breed of dog and it’s not about where the dog might live if returned. It is about the public safety aspect that the dog poses. Two young boys have been bit on two different occasions. Mr. Shriner stated that it’s the Boards responsibility to review the circumstances and apply it to that ordinance. Based on that the Board agrees that these are significant injuries and Mr. Shriner is not comfortable with returning the dog. Mr. Shriner moved to deny the appeal. Mr. Rody seconded. Denied. Mr. Lewis stated that the dog is four (4) years old whom has never barked at or bit anybody especially children until moving back to Lafayette and the little boy started tormenting her. Angel Thornton, Mr. Lewis’s wife and lives at 2020 Scott Street, stated that Bright Eyes is her emotional support animal because she has PTSD. Ms. Thornton stated that Bright Eyes is registered as an Emotional Support Animal Board of Public Works and Safety June 4, 2024 Page 5 for her. Ms. Thornton stated that Bright Eyes has been around kids her whole life and this is the first time that she has bitten anyone. Mr. Shriner stated that he understands what Ms. Thornton is saying but they are dealing with serious injuries to people and there needs to be a safe response to this. Ms. Chosnek stated that emotional support animals do not have the same level of legal protections as service animals. But even with ADA Service Animals that does not trump the health and welfare and public safety elements of local animal control ordinances. Therefore, if there are violations of local animal control ordinances of these magnitudes, that is a different factor and are not trumped by ADA or FHA. Time: 9:43 a.m. BOARD OF PUBLIC WORKS AND SAFETY Gary Henriott s/s President ATTEST: Mindy Miller Riehle s/s Mindy Miller Riehle, 1st Deputy Clerk Minutes written by Mindy Miller Riehle, 1st Deputy Clerk *A digital audio recording of this meeting is available in the Lafayette City Clerk’s Office or online at http://www.lafayette.in.gov/agendacenter. **A list of all permits issued for the preceding week is available at http://www.lafayette.in.gov/DocumentCenter/Index/375