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HomeMy WebLinkAbout01/02/87 Board of Public Works Special Meeting Minutes1 B O O K T 6 B OARD O F P UB L T C WORK S M T NU T E S T 9 8 7 1 2 SPECIAL MEETING JANUARY 2, 1987 A Special Meeting of the Board of Public Works was convened at 10:03 a.m. on Friday, January 2, 1987, by President John E. Leszczynski, with Mr. Leszczynski and Mrs. Patricia E. DeClercq present. Board member Michael L. Vance was not in attendance. Also present was Chief Deputy City Attorney Thomas Bodnar. APPROVE LETTER OF AGREEMENT - ANIMAL SERVICES COMPANY (ANIMAL CONTROL SERVICES) Mr. Leszczynski stated that the purpose of the Special meeting of the Board today is to discuss an Agreement for animal control services to replace those services previously provided by the Humane Society of St. Joseph County, said Contract having expired on December 31, 1986. He stated that it is not the intent of the Board to sign a Contract for said services at this time. However, a Letter of Agreement has been submitted for discussion and execution. Mrs. Patricia E. DeClercq, Director, Department of Code Enforcement, informed the Board that animal control services have been handled by the Humane Society of St. Joseph County for some time. Before contracting with the Humane Society, however, the City did handle its own animal control services and it was the City's choice to contract with the Humane Society on a yearly basis. She stated that this year, however, the Humane Society advised that they were not willing to enter into a Contract for 1987 unless the City agreed to pay $145,000.00 per year for services rendered. That amount is $8,000.00 higher than the amount paid in 1986. If the City did not agree to the said increased cost, Saturday service would be eliminated. It was noted that in the past, services were provided seven (7) days per week and were eventually reduced to six (6) days per week. Now, it is proposed that without an increase in the contract amount, service would be reduced to five (5) days per week. As the last Contract submitted to the Humane Society for approval was unacceptable to them, the City looked very closely at a proposal which it received from another firm willing to provide the scope of animal control services required by the City. At that time, discussions began with that company. Deputy Mayor Craig Hartzer, pointed out that Mr. Curt Eugene Koesters, Chief Executive Officer and Mr. Joseph Mariano, Executive Vice -President of Animal Services Company, were present today. Mr. Hartzer reiterated Mrs. DeClercq's comments that recent negotiations with the Humane Society have reached an impasse. Deputy Mayor Hartzer stated that the City has received political pressure to contract with the Humane Society at their desired level and as the South Bend Tribune recently reported, the City did recommend that an interim Contract be entered into with the Humane Society for a three (3) month period in order to give the City some time to evaluate services. That recommendation was rejected by the Humane Society. Mr. Hartzer stated that it is the City's responsibility to provide the best possible service at the lowest cost and it is incumbent upon the City to seek proposals from other firms. However, the lowest possible cost obviously cannot be the only criterion. The Animal Services Company proposes to provide the City with more service at the same dollar amount for the next three (3) years. That is a proposal the City must consider. Deputy Mayor Hartzer additionally reiterated Mr. Leszczynski's comments that the purpose of the meeting today is to consider entering into a preliminary Letter of Agreement with the Animal Services Company to further discuss the details of a contractual arrangement that would provide the City with more service. It is 1 u SPECIAL MEETING JANUARY 2, 1987 anticipated that seven (7) days of service at a cost of $137,000.00 each year for three (3) years would be provided. Deputy Mayor Hartzer reminded Board members that the Humane Society provides animal control services not only to South Bend but to Mishawaka as well as St. Joseph County and they do have a monopoly on this type of service. However, the City did receive an unsolicited proposal from the Animal Services Company of Sioux City, Iowa to provide such services. Mr. Curt E. Koesters, Chief Executive Officer, Animal Services Company, addressed the Board and provided some background on the company. He stated that Animal Services Company was formed out of a financial need of Sioux City, Iowa. He stated that he operated the animal control program for the Police Department in Sioux City for seven (7) years. Because of a budget crunch of Sioux City, he needed to look for alternatives which resulted in privatization of the operation. Having worked in public service, Mr. Koesters informed the Board that he understands the requirements needed by municipalities. Also, he has assumed responsibility for animal control for other cities and counties and those programs have worked. He is, therefore, looking toward expansion of services to other cities. Mr. Koesters stated that when he started this business, he adopted a humane philosophy and sought to learn everything there was to learn about animals and this type of service. Through that philosophy an efficient animal control service has evolved. Common Council President Beverlie Beck inquired of the Board the timetable for the above referred to services as at the present time the City has no contract for animal control services. Mr. Leszczynski advised Mrs. Beck that it is anticipated that Animal Services Company could provide animal control services no later than February 2, 1987. Mr. Leszczynski additionally distributed to individuals present copies of the Letter of Agreement with Animal Services Company submitted to the Board today for consideration. Councilman Joseph Serge inquired how animal control services would be provided in the meantime. Mrs. DeClercq responded that through the Police Department and their liason officer and the Department of Code Enforcement inspectors, the City will handle the operation. She stated that the office of Code Enforcement will handle calls Monday through Friday from 8:00 a.m. to 5:00 p.m. and on Saturday from 10:00 a.m. to 4:00 p.m. She stated that these hours are the same hours of service provided by the Humane Society. The City will continue handling animal control services until a new operation is in place. Councilman Thomas Zakrzewski inquired how the City intends to handle reports of stray animals. Mrs. DeClercq advised that it is the City's intention to work with local boarding kennels or veterinarians regarding this aspect of the operation. Ms. Theresa Lacopo, 1603 Crestwood, South Bend, Indiana, inquired if she was correct in that as of today there is no pick-up service for stray animals. Mrs. DeClercq responded that the City will now be handling this matter. Ms. Lacopo questioned various aspects of animal control services including what veterinarian is overseeing proper treatment of animals, what veterinarian will supervise, where bite animals will be housed, who will transmit tissue samples to the State Board of Health and what provisions have been made to provide proper transport of various types of animals together. In response to these concerns, Mrs. DeClercq advised that the City is working out all the concerns mentioned and is also working with Dr. Plain of the St. Joseph County Health Department. She advised Mrs. Lacopo that the City understands that these concerns have to be met and each matter will be handled on a case by case basis as they come up. Ms. Lacopo inquired about disposal and euthanasia and what method of euthanasia would be utilized by the City prior to February 2, 1987. �j/i- 1 1+ SPECIAL MEETING JANUARY 2, 1987 At this point, Mr. Leszczynski advised Ms. Lacopo that he understands she would like answers to her questions and suggested that she put her questions and concerns in writing and submit them to Mrs. DeClercq who will provide answers as well as names of kennels and veterinarians that the City intends to utilize. He stated that the City is currently in the process of negotiating with kennels and veterinarians but will get that information to Ms. Lacopo as it becomes available. Ms. Lacopo inquired what instructions were given to the Street Department regarding dead animals. She advised that as recently as today, the Street Department has been to the Shelter with dead animals. She stated that the City does not have a contract with the Humane Society to store those animals. Mrs. DeClercq advised Ms. Lacopo that the City is aware of this aspect and is working on procedures which will be made available to the Humane Society when they are in place. Deputy Mayor Hartzer inquired of Mr. Curt Koesters of Animal Services Company, that assuming negotiations and details are worked out effective February 2, 1987, how the company would assume the role of provider of animal control services for the City of South Bend. Mr. Koesters stated that he would anticipate meeting with the Humane Society Board as well as local veterinarians regarding aspects of the operation. Common Council President Beverlie Beck reminded Board members that the County pays $4,500.00 per month for Humane Society services of which the City pays $2,000.00 as City residents through county taxes. She stated that the City is, therefore, entitled to $2,000.00 worth of service and asked if the Board had given any thought to asking the County to cover the additional expense for the City. Deputy Mayor Hartzer advised Mrs. Beck that the City has not made that request. Deputy Mayor Hartzer stated that the City has been accused of not paying its fair share to the Humane Society for animal control services and the City is not interested in being a burden on the Humane Society. In response to Mr. Hartzer's inquiry whether or not the City has ever received any financial data from the Humane Society, Mrs. DeClercq responded that the City has not. Reiterating, Mr. Leszczynski stated that Animal Services Company would provide service seven (7) days per week as opposed to the most recent six (6) day service provided by the Humane Society and currently proposed five (5) day service. Mr. Koesters of Animal Services Company confirmed Mr. Leszczynski's statement. Ms. Cindy Searfoss, 318 East Eckman, South Bend, Indiana, addressed the Board and stated that she is an employee of the Humane Society and urged support to keep the animal control business in the community instead of with an an out-of-state company. She stated that it is possible that employees of the Humane Society may lose their jobs because of the animal control services contract not being awarded to the Humane Society. Mr. Koesters advised that Animal Services Company intends to bring in one (1) person, a former director of a Humane Society, to run the operation in South Bend. Other individuals that will be employed will be hired from this community. Mr. Leszczynski stated that Animal Services Company would become a local business based in our community. Ms. Karen Radican, 1614 West Ewing Street, South Bend, Indiana, an employee of the Humane Society, addressed the Board and stated that to date, the City administration has not made a site inspection of the Humane Society facilities. Ms. Radican inquired if an inspection would be made of the facilities of the Humane Society and Animal Services Company. t� SPECIAL MEETING JANUARY 2, 1987 Mr. Leszczynski stated that he has not inspected the operation of the Humane Society. Deputy Mayor Hartzer informed those present that Animal Services Company has provided references which have been contacted and indicated that those names would be made available to anyone interested as well as any other information made available by Animal Services Company. Ms. Radican was informed that no on -site visits of facilities were planned by the City administration. Ms. Hazel Rusk, 1212 East Jefferson, South Bend, Indiana, inquired who was going to pay for the facilities to operate this business as well as the medical staff required and wondered if the City was going to have to pay for these start-up costs. Deputy Mayor Hartzer informed her that Animal Services Company is the capital investor. Ms. Rusk inquired of Mr. Koesters how the company was going to make a profit on the $137,000.00 proposed contract amount. Mr. Koesters stated that a budget analysis was prepared and all aspects have been included and are within the budget. Ms. Sue Norris, 1217 Bruce Street, South Bend, Indiana, a taxpayer, stated that quantity hours and quantity pick-up are not the only concerns but so is humane service. She stated that as a schoolteacher she has had occasion to be acquainted with the Humane Society's humane education program which is a wonderful program and wondered if the community would be losing that program. Deputy Mayor Hartzer reiterated that several criterion were considered in making this decision which included the cost of service as well as the quality of service. Based on information the City has received from references contacted, a determination was made that the City negotiate with Mr. Koesters. Deputy Mayor Hartzer stated that the City has taken all the steps it can take at this time to address those concerns. Mrs. Joseph Szekendi, 2025 Prairie Avenue, South Bend, Indiana, stated that in the past she has adopted pets from the Humane Society and is pleased with their service. She further advised that she is a resident of the Rum Village area where her neighbors dogs occasionally "get away." She stated that she does not understand why the City is losing the services of the Humane Society. Mr. Leszczynski stated that the City is not going to lose good service. The City is looking for a better way to increase the level and quantity of service provided to the community. Common Council President Beverlie Beck inquired if the Humane Society would continue its humane education program. Ms. Theresa Lacopo stated that the Board of the Humane Society would have to decide that matter. Councilman Thomas Zakrzewski stated that in regards to the previously mentioned matter of a site inspection of the Humane Society facilities, perhaps a representative should be sent to Sioux City, Iowa, to inspect the facilities of Animal Services Company in that location. Deputy Mayor Hartzer stated that that was a viable option. Councilman John Voorde addressed the Board and stated that he is not happy with the way things are going. He stated that with the costs of special arrangements and special contracts, the money that the City will be spending in the next month could be given to the Humane Society and then no problem would exist. He stated that the City is in a regrettable situation. d,. SPECIAL MEETING JANUARY 2, 1987 Mrs. DeClercq reminded Mr. Voorde that the Humane Society has declined the last two (2) offers made by the City. Mr. Voorde stated that it seems to him that the City is obligated to support the Humane Society and that the City does not want to be a burden but wants to help. He stated that because of an $8,000.00 difference the City is taking a regrettable and unfortunate course. He further stated that he would have thought that the administration would have approached the Common Council and advised them that the City was unable to negotiate a contract. He stated that he cannot help but think that the City could have found a reasonable solution to the problem. Mr. Voorde stated that it was his opinion that this type of matter is the kind that could have been presented to the intergovernmental council to resolve or perhaps the Animal Control Commission. The decision to go with an outside company then creates duplication of services. He stated that if the City administration was interested in intergovernmental cooperation parties could have met with Mishawaka and various other individuals and perhaps an agreement on a county -wide basis could have been developed with everyone paying their fair share. Mr. Voorde reiterated that he believes that the City is going down the wrong road and cannot help but think that the City could negotiate with the Humane Society. He stated that going with another company is a mistake and is an example of reasonable people not being able to reach a solution. Mr. Voorde stated that in the past the City talked about licensing and the Humane Society has offered to provide that service as they are negotiating to do so with the City of Mishawaka. He stated that the Humane Society is an organization that provides a full range of services and those are the kinds of organizations we fail to foster in the community. Mr. Voorde stated that it is his opinion that the City administration should take one more opportunity to work out differences with the Humane Society. Ms. Marva J. Leonard -Dent, Assistant City Attorney, addressed the Board and stated that she has an advantage in that she has been working with the Humane Society and the former director of Code Enforcement Ms. Katherine Barnard for the past three (3) years. She stated that in isolation, the comments made by individuals as stated earlier make sense. She stated that if you look at the facts, however, they are quite the contrary. Each year the Humane Society has the City "over a barrel." Ms. Leonard -Dent advised that she, Councilman Ann Puzzello, and Ms. Katherine Barnard, former Director of the Department of Code Enforcement met with representatives from the Humane Society. At that time, the Humane Society would not explain why they believe the City of South Bend was being subsidized and the City was accused of being a burden. Ms. Leonard -Dent stated that the City did meet with the Humane Society to reach an agreement but was unable to do SO. When asked for financial information, the Humane Society informed the City that it was none of its business. Mr. Voorde stated that it is unfortunate that the City does not make any attempt to negotiate further with the Humane Society. He stated that perhaps a public forum with the Common Council would be beneficial. He asked if the Humane Society was ever offered a multi -year contract. Ms. Leonard -Dent advised him that the Humane Society refused to consider that option. Mr. Voorde inquired if the $137,000.00 for the contract for one (1) to three (3) years with Animal Services Company would cover all costs that are now covered by the Humane Society. Mr. Leszczynski advised him that it would cover all costs. 1 1 f] a SPECIAL MEETING JANUARY 2, 1987 Councilman Ann Puzzello stated that in her three (3) years on the Common Council Personnel and Finance Committee this matter has been discussed and it has been a problem all of those three (3) years. She stated that the City has asked to work with the Humane Society. They have, however, refused the City's request for a budget and the City knows very little of where the money actually goes. She stated that the City has tried to get weekend service as there is no service on Sunday and one-half (1/2) day on Saturday and has tried unsuccessfully to negotiate with the Humane Society. She stated that a lot more will be done working with a group that is willing to work with the City administration. Ms. Theresa Lacopo stated that a lot of misconceptions have been presented. She stated that in a meeting held in November the City was given a budget. She further stated that on Saturdays the Humane Society is open from 8:00 a.m. until 4:00 p.m. and as ever they have emergency service twenty-four (24) hours a day. Mrs. DeClercq advised that the Humane Society was sent a Contract in August of 1986 for calendar year 1987 but it was not until October that the Society responded. The City was told that unless the Contract amount was increased, Saturday services would be cut. The City did not want Saturday service cut. It was only at that point that the City looked at alternatives that would provide the scope of services at the dollar amount budgeted and at that time the process of negotiating with Animal Services Company began. Councilman Eugenia Braboy stated that whichever company receives the business she would like to see more visibility. She cited a recent situation in which a resident of her district reported a pack of dogs running in the area. The dogs are still running. She stated that residents tend not to report the actions of their neighbors pets and more visibility would resolve problems immediately. She stated that she will be watching the situation closely. As a point of clarification, Common Council President Beverlie Beck asked if she was correct in her understanding that this matter rests with the Board and not with the Common Council as the money for this service for 1987 has already been allocated. Members of the Board advised Mrs. Beck that she was correct. There being no one else present wishing to speak in regards to this matter, upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, a Letter of Agreement with Animal Services Company, Inc., 600 Fourth Street, Suite 312, Sioux City, Iowa was approved and executed. It was noted that the Letter of Agreement states that Animal Services Company is a corporation duly incorporated under the laws of Iowa with its principal office located in Sioux City, Iowa, and will locate an office in the City of South Bend. Animal Services Company has represented that they will be able to provide animal control services to the City of South Bend not later than February 2, 1987. Such animal control services shall be equivalent to services provided under past contracts entered into by the Board of Public Works. In addition to all obligations listed in previous contracts, the Animal Services Company will also incur additional obligations, including but not limited to providing liability insurance in an amount to be decided by the Board of Public Works. It is intended by the parties that a contract on the specifics of the animal control services to be provided will be submitted to the Board of Public Works for approval not later than February 3, SPECIAL MEETING JANUARY 2. 1987 1987. It is understood by both parties that prior to execution of a contract it will be necessary for Animal Services Company to obtain facilities within or in the vicinity of the City of South Bend to enable it to carry out its intent to provide animal control services. Further, both parties agree to use their best efforts to reach a formal contract. Both parties agree that in no event would the contract price exceed $11,416.67 per month nor would the term be less than one (1) nor more than three (3) years. By signing the Letter of Agreement, all parties agree only to the intentions expressed in the letter. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the meeting adjourned at 10:50 a.m. 12�0•;�� �.._. ,.. FAMM jAn E. Leszczyfts&i� Patricia E. DeClercq ATTEST: l'vy� `w . Sandra M. Parmerlee, Clerk 1