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HomeMy WebLinkAbout12.19.17 SBACC Minutes Animal Control Commission Minutes December 19,2017 6:30 p.m. Commission Members Present: Ernest Galos,Rebecca Kaiser, Barbara Leaven Fled in Clerk's Office Citizen Members Present: FEB �A�r Council Members Present: None KAREEMAIi BOWLER CITY CLERK,SOUTH BEND,IN City Staff Present: Jen Gobel, SBACC; Stephanie , Corporation Counsel; Tom Paniewicz,Attorney for Animal Care and Control; Randy Wilkerson, Director of Code Enforcement, Dani Campbell Weiss, Commission Attorney Agenda: Meeting called to Order at 6:38 p.m. Ms. Steele introduced new assistant city attorney assigned to Animal Care and Control,Tom Paniewicz. Ernest Galos indicates minutes from November,2017 are ready. Ms. Kaiser moves to accept them,Barb Leaven seconds, passes 3-0. Determination of VanVynckt case voted on. He is found to be a Habitual Animal Offender 3-0. Signed Order given to Mr. Wilkerson for delivery. Ms. Kaiser reports successful Reindog parade. Donations from Linda's Kamp K-9 and anonymous donor were made. Will be in Midwest Living magazine. Ms. Gobel presents her monthly report. She indicates 177 animals taken in last month, 54 cats, 98 dogs. 31 cats were adopted, 19 dogs adopted. Rescues: 17 cats,22 dogs. Return to owner average 25. Euthanasia: trend toward more people bringing animals in. 32 cats,24 dogs. Intake for this December already exceeded all of December 2016. Higher by 42 cats and 61 dogs. 107 raccoons came in. Enforcement: 77 AWD issued and 35 citations issued. Devon Mills no longer with the shelter but he has been replaced with a former temporary worker who will start 1/2/18. Mr. Galos inquired about issues enforcing ordinance and where process was. Ms. Gobel indicates they met with Tom and will meet next week to examine ordinance and restructure it and rewrite it. Do not have anything specific today. Tom hopes to have full draft by end of December, review for 2 weeks and ready for agenda. Want it ready for February meeting. Mr. Galos commented that initially idea was to do some things on emergency basis to help enforcement, but up to SBACC to let Commission know what they need. Mr. Wilkerson indicates no animals in danger. Ms. Steele asked if Mr. Galos wanted to know why complete overhaul going on. He indicated initially it was overhaul then emergency changes, now back again. Mr. Wilkerson indicated he spoke with Tim Scott and plan on submitting to Council by end of March. Want to give Commission a month to review it before submission. Recommended special meeting to discuss it. Ms. Steele wanted to make sure Open Door Law followed and enough time given to review. Ms. Campbell suggested members review Ordinance on their own for things they are concerned about. Mr. Galos asked if Aldridge case involved seeking a warrant. Ms. Kaiser indicated questions about whether orders of commission are ordered. Mr. Galos indicates he ran into animal control officer who indicated they were seeking a warrant. Ms. Steele indicates they are not prepared to address issue. Ms. Leavell asked about dates on citations. Ms. Gobel indicates that has been addressed as it is noted when violation occurred. Mr. Wilkerson indicates that is a flaw in Ordinance that number of days to respond conflicts with other deadlines. Ms. Gobel indicates animal advocates will be very pleased with result of ordinance revamp. Mr. Galos asked if other ordinances are being looked at. Ms. Gobel said yes, from around the country. Ms. Campbell indicates on Lattimore case that appeal sought, but he asked for waiver of filing fee. That was denied but given more time to pay it by Court. Ms. Kaiser asked if animals cannot be seized until his appeal is allowed to proceed. Ms. Campbell indicated she does not think enforcement is affected. It is possible to give him a rehearing. Ms. Steele indicates SBACC is ok either way. They are prepared to present their case but acknowledge it is up to Commission to decide if decision stands. Mr. Galos asked if appeal successful, is it remanded to Commission. Ms. Campbell indicated he would get rehearing. If fee paid, Commission would have to defend decision. Ms. Gobel indicated her opinion that she would love to give him opportunity as she is confident in her case and would prefer to speed up process instead of waiting several months. Ms. Kaiser and Ms. Leavell indicate they would give Mr. Latimore a rehearing. Ms. Gobel indicates she is prepared to go tomorrow. Ms. Campbell indicated she would reach out to Mr. Latimore to give him that option if Commission acts to give him rehearing option. Ms. Kaiser and Ms. Leavell vote to rehear, Mr. Galos votes to let decision stand. Vote is 2-1 for giving Mr. Latimore rehearing. Ms. Campbell indicates she would reach out. Next meeting date discussed. Mr. Galos indicated Dr. Culp indicated 4t' or 11'were good dates for her. Ms. Gobel indicated 4th is too soon for her to have a hearing ready. Discussion about need to have hearing within 10 days of request. Date of January 18,2018 at 6:00 p.m. selected. Mr. Galos asked if meeting can be recorded in the room we use. Mr. Wilkerson indicated he would bring a recording device from Code hearings. Mr. Galos indicates he is recording them on his phone but it would be better for City to record hearings. Ms. Kaiser moves to adjourn, Ms. Leavell seconds, Motion passes 3-0. The meeting adjourned at 7:16 p.m.