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HomeMy WebLinkAboutBPW November 2, 2022 CITY OF JEFFERSONVILLE BOARD OF PUBLIC WORKS MINUTES November 2,2022 PRESENT: Andy Crouch, City Engineer, Rob Waiz, Redevelopment Director,Shawn Grant, Chief of Jeffersonville Fire Department,Jason Sharp,Asst Chief of Jeffersonville Fire Department, Kenny Kavanaugh, Chief of Jeffersonville Police Department, Clark Miles, Director of Sanitation, Kevin Morlan, Director of Street Department, Michael O'Brien, Director of Vehicle Maintenance, Chad Reischl, Director ofPlanning and Zoning Department, Elisa Gibson, Manager of Sewer billing, Delynn Rutherford, Grant Writer, Larry Wallace, Building Commissioner, Matt Dyer, Director of IT, Brian Smith, Director of Safety, Kim Calabro, Director of Human Resources, Len Ashack; Director of Wastewater, Paul Northam, Director of Parks and Recreation,Amber Ridings,Assistant Director of Parks and Recreation, Sarah Green, Director of Jeffersonville Animal Shelter, Les Merkley,Corporate Counsel, Christy O'Neil, Executive Assistant to Mayor, Mayor Moore, Bill Dixon, Engineering Department, and Katie Sutter, Promedia group. CALL TO ORDER: Mayor Moore, called the meeting to order at 9:30 a.m. in the Mayor's Conference Room in City Hall. APPROVAL OF THE MINUTES: Mr.Waiz made the motion to approve the minutes from October 26, 2022. Mr. Crouch seconded the motion. Motion carries 3-0. APPROVAL OF PAYROLL: Mr. Crouch made the motion to approve payroll, seconded by Mr.Waiz. Motion carries 3-0. OLD BUSINESS: Nothing at this time. NEW BUSINESS: 1. Sarah Green/Les Merkley—Hearing on Notice of Determination of Vicious/Dangerous Animal. Les Merkley—This is a hearing to determine if a dog named Dino,full grown pitbull,should be deemed vicious/dangerous animal. On October 15, 2022 animal control was contacted about a male pit bull attacking a small yorkie dog. Our ordinance does not cover an incident such as this,so that is why we are having this hearing today. Owner of pit bull is William Draper,428 Penn Street, Jeffersonville, IN 47130. And for the record we did receive service on Mr. Draper and it will be placed into the record. Sarah Green, Director of Animal Control can you please tell us how the incident happened, said Les Merkley. Our on call officer received a call that a small dog had been attacked and killed by a bigger dog,when animal control officer arrived on the scene the bigger dog had already returned to his home. Owner of smaller yorkie was walker by 425 Penn Street and the bigger dog was also being walked in the same area and broke free and attacked small yorkie dog and killed it. Animal Control officer was told the person walking bigger dog was unable to control him. Les Merkley: Based on your professional opinion do you think animal should be deemed vicious/dangerous? Sarah Green: yes. Les Merkley: Does this dog have a history of attacks?Sarah Green: not attacks but lunging toward people as they walk by where he is tied up. Les Merkley: Is Nicolas Lathery here?Yes I am. Les Merkley: How long have you lived at the property located at 428 Penn St?and do you own the property? Nicolas Lathery: I have lived there about 8 year and no I rent the home from a guy named Jeff, not sure of his last name. Les Merkley: You have heard the testimony given today, here is your chance to tell us your side. Nicolas Lathery: Dino is overprotective of my mom, couple of years ago he was attacked,so I am not sure if that is why he felt she needed protected or not. But he has never been an aggressive dog. I was not with them Page 1 of 2 when they were walking this time so I am not totally sure of all the circumstances. I have all kind of pictures with Dino playing with other animals if anyone would like to see them. Les Merkley: Is there anyone else here that would like to speak on this matter? Mary Pardon, 940 E. Court Avenue, Jeffersonville, IN 47130—I see the dog chained up to the porch and he can go in and out of a garage building, if he is in there you can't see him until he comes running toward you. So when coming through alley dog will lunge out and my 11 lb dog. In my opinion the dog is very aggressive. Kristen Fish,938 E. Court Av.,Jeffersonville, IN 47130—If the chain breaks this dog will go right at you. Les Merkley: Mr. Lathery you can now give rebuttal to testimony given. Mr. Lathery: His chain will only allow him so far and he is about 4-5 feet from alley,and he is not out there all the time, he only goes out to go to the bathroom. Again, I believe for some reason he became protective of my mom that was walking him, he has never been like this with me around. Les Merkley: My legal recommendation we need motion and second to deem male pit bull names Dino a vicious or dangerous animal based upon the evidence presented. The owner, Nicholas Lathery, has 14 days to comply with the requirements for regulation of possession of vicious or dangerous animals(2016-OR-11). Owner shall provide proof to animal control, of compliance. Owner shall appear on November 16, 2022 to determine compliance. Failure of owner to comply with the requirements shall require owner to surrender possession of the dog on November 16, 2022. City shall seek court order to enforce surrender in event owner fails to comply. Motion by Mr.Waiz, seconded by Mr. Crouch. Motion carries 3-0. Ms. Pardon—will he be able to chain animal up and be that close to alley where I walk my dog? Mayor Moore—we will have to comply with the ordinance if he complies with everything. ADJOURNMENT: With no fu er busi ss, Mr. Crouch made a motion to adjourn at 9:47 a.m. t. Approved by: M yor Mike M ore Attest: Lisa ill,City Clerk Page 2 of 2 UNITED STATES POSTAL SERVICE October 24, 2022 Dear Johnna Anderson: The following is in response to your request for proof of delivery on your item with the tracking number: 9171 9690 0935 0290 2079 71. Item Details Status: Delivered, Individual Picked Up at Post Office Status Date/Time: October 22, 2022, 9:19 am Location: JEFFERSONVILLE, IN 47130 Postal Product: First-Class Mail® Extra Services: Certified Mail TM Return Receipt Electronic Recipient Signature Signature of Recipient: Address of Recipient: Note:Scanned image may reflect a different destination address due to Intended Recipient's delivery instructions on file. Thank you for selecting the United States Postal Service®for your mailing needs. If you require additional assistance, please contact your local Post Office TM or a Postal representative at 1-800-222-1811. Sincerely, United States Postal Service® 475 L'Enfant Plaza SW Washington, D.C. 20260-0004 CITY OF i,EFF,ER •SO NV ILLE DGP Et-tY .7-",0 +I,AN'v E 61 lq Cer+ l✓l—( 1 T,eIerklev orp Coration CounseldDre6tiir,ofLeg�1P Af n"irs1014„ SeAi- t o , ©- o , II�c ) c71Zl 't oo O 1 C cs r I g:j Aso,649'b^office a ,r,r JR,i 1�4«tv cit.`o_f e_ff n l !( 019 0 `R�/ �� I �Sa f y J 4\ '' ,Jeffersonville City,tit I 500 Quai e'rmaster'Court. Jeffersonville;Indiana 47130 . it 1 NOTICE OF HEARING ,I' Date: October 18, 2022 To: Nicholas Lathery 428 Perin Street j Jeffersonville, IN.47130 Re: Incident on 10/15/2022 at 16:45 pm; Male Pit Bull named Pino You are hereby notified that a hearing will be held on Wednesday,November 2,2022 at 9:30am in the Mayor's Conference Room on the second floor located at Jeffersonville City Hall, 500 Quartermaster Court, Jeffersonville, Indiana The purpose of this hearing is determine• whether your dog is a;i icious/dangerous animal. II i FAILURE TO ATTEND THIS HEARING SHALL BE DEEMED ADMISSION YOUR DOG IS'A VICIOUS/DANGEROUS ANIMAL AS DEFINED BY SECTION 1 OF 2016- OR-11. ADDITIONLLY,FAILURE TO COMPLY WITH THE REQUIREMENTS OF REGISTERING THE DOG AS A VICIOUS/DANGEROUS ANIMAL COULD RESULT . IN THE EUTHANIATION OF THE DOG INCLUDING FINES. ill' A copy of the Ordinance 2016-OR-11 is enclosed for your information. li. 1 aw Department , City of-Jeffersonville' State of Indiana 1 i i 10/24/22,7:59 AM USPS.com®-USPS Tracking®Results USPS Tracking® FAQs > Tracking Number: Remove X 9171969009350290207971 Copy Add to Informed Delivery (https://informeddelivery.usps.com/) Latest Update Your item was picked up at the post office at 9:19 am on October 22, 2022 in JEFFERSONVILLE, IN m 47130. 0 Q 0- a) Delivered Delivered, Individual Picked Up at Post Office JEFFERSONVILLE, IN 47130 October 22, 2022, 9:19 am See All Tracking History Text & Email Updates u Return Receipt Electronic " Ge Confirmation Your Proof of Delivery record is complete and will be processed shortly. Your confirmation will be sent to the following: janderson@cityofjeff.net USPS Tracking Plus® u https://tools.uses.com/go/TrackConfirmAction?qtc_tLabels1=9171969009350290207971 1/2 10/24/22,7:59 AM USPS.com®-USPS Tracking®Results • Product Information See Less " Track Another Package Enter tracking or barcode numbers • Need More Help? Contact USPS Tracking support for further assistance. FAQs 1 CD CD Q. 0• v C, https://tools.usps.com/go/TrackConfirmAction?gtc_tLabels1=9171969009350290207971 2/2 Johnna Anderson To: 'Hye m' Cc: Sarah Green Subject: RE: Concerning 11/2 Meeting Yes, I am familiar with the issue and it would definitely be good for any neighbors that are available to attend the hearing on November 2 at 9:30 am. Yes,there is a public comment period. If you are unable to attend the hearing, but would like to comment, you can forward comments by email to me and Sarah Green prior to the by November 1 and then she can present your comments at the time of the hearing. Thanks. Hope you enjoy the rest of your day. Johnna S. Anderson I Paralegal Department of Law City of Jeffersonville 500 Quartermaster Court Jeffersonville, IN 47130 From: Hye m [mailto:hyesmuncy@gmail.com] Sent:Wednesday,October 19, 2022 10:09 AM To:Johnna Anderson <JAnderson@CityofJeff.net> • Subject:Concerning 11/2 Meeting CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Good morning. I was curious what the process was for interested parties wishing to speak on an agenda item during a meeting? Long story short, a dog was killed in my neighborhood by another dog. Many neighbors have concerns and Sarah Green suggested that neighbors show up for this meeting. Is there a public comment period?And lastly,the timing isn't great for those of us working- is it possible to email concerns ahead of the meeting?I know that has been a possibility in the past for other city meetings. Thank you. Hye Muncy This email was scanned by Bitdefender 1