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HomeMy Public PortalAbout09-30-2021 Ol THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND,INDIANA, SEPTEMBER 30,2021 The Board of Public Works and Safety of the City of Richmond, Indiana, met at 5:00 P.M., September 30, 2021, in Council Chambers in the Municipal Building, 50 North 5th Street, Richmond, Indiana. CALL TO ORDER President Robinson called the meeting to order and the following business was conducted: ROLL CALL Board members present were: Vicki Robinson, Emily Palmer and Matt Evans. Also in attendance were Kim Vessels,Assistant City Attorney; Monica Burns,Deputy City Clerk; Kara Noe, Purchasing; Sherri Richey, Code Enforcement; Greg Stiens, Director of Public Works and Engineering; Suzanne Bias, Office Coordinator for the Mayor's Office; Monica Young, Ordinance Violation Specialist; Police Chief Mike Britt; Officer Aaron Stevens; Sergeant Austin Lipps; Chelsea Stock; Omar Richardson; and, Media. APPROVAL OF MINUTES Ms. Palmer moved to approve the minutes of September 23, 2021, supported by Mr. Evans. Upon a vote viva voce,the motion carried. CLAIMS FOR PAYMENT Mr. Evans moved to approve the Claims for Payment for October 1, 2021 in the amount of Thirty Seven Thousand Seven Hundred Seventy Dollars and ten cents ($37,770.10), supported by Ms. Palmer. Upon a vote viva voce,the motion carried. PAYROLL CLAIMS FOR PAYMENT -None PAYROLL CLAIMS FOR PAYMENT FOR PENSION Mr. Evans moved to approve the Payroll Claims for Payment for Pension for October 1, 2021 in the amount of Two Hundred Sixty Three Thousand Three Hundred Seven Dollars and nineteen cents ($263,307.19), supported by Ms. Palmer. Upon a vote viva voce,the motion carried. REQUESTS -None BID OPENINGS . Board of Works Minutes September 30,2021 • REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR RPT TRAIL There was one bid submitted from Ron L. Dickson,Natural Resource Consulting • PLUMBING MAINTENANCE FOR THE CITY BUILDING The bids submitted are as follows: DB Plumbing: Material plus 2%Mark Up Labor—Regular hours - $70.00 per hour Overtime hours - $105.00 per hour Minimum- $70.00 when applicable Reynolds Plumbing: Material plus 2%mark up Regular hours - $70.00 per hour Overtime hours - $105.00 per hour BID AWARDS -None CONTRACTS • CONTRACT NO. 121-2021 —B&B CONSTRUCTION OF RICHMOND They are to perform services in connection with the demolition of 115 Richmond Avenue. Services shall include demolition,removal of debris, and restoration of the site. Not to exceed$19,000.00 Ms.Palmer moved to approve, supported by Mr.Evans.Upon a vote viva voce,the motion carried. • CONTRACT NO. 122-2021 —S&M HOME SOLUTIONS LLC They will provide services in connection with the securing of all windows and doors of the house and garage structures located at 121 Richmond Avenue. Not to exceed $2,098.73 Mr.Evans moved to approve, supported by Ms. Palmer.Upon a vote viva voce,the motion carried. Board of Works Minutes September 30,2021 • CONTRACT NO. 123-2021 —S&M HOME SOLUTIONS, LLC. They will provide services in connection with the securing of all windows and doors of the upstairs unit of the duplex located at 130 Richmond Avenue (common address of 128 Richmond Ave.) and the cleaning of the premises. Not to exceed$1,497.86 Ms.Palmer moved to approve, supported by Mr. Evans. Upon a vote viva voce,the motion , carried. CHANGE ORDERS • CHANGE ORDER NO. 3 TO CONTRACT NO. 62-2020 — INDOT R-41306 — DES 1702760—WHITEWATER GORGE CONNECTOR TRAIL PROJECT This change order is requesting a time extension to the contract. A total of 16 additional days are needed. Mr. Evans moved to approve, supported by Ms. Evans. Upon a vote viva voce,the motion carried. • CHANGE ORDER NO. 5 TO CONTRACT NO. 62-2020 — INDOT R-41306 — DES 1702760—WHITEWATER GORGE CONNECTOR TRAIL PROJECT This change order addresses a wet area at the bottom of the slope of the trail located on the south end of the project. Not to exceed$9,399.49 Ms.Palmer moved to approve, supported by Mr. Evans.Upon a vote viva voce,the motion carried. • CHANGE ORDER NO. 6 TO CONTRACT NO. 62-2020 — INDOT R-41306 — DES 1702760—WHITEWATER GORGE CONNECTOR TRAIL PROJECT This is for the installation of geotextile fabric and one foot of compacted aggregate #53 under the trail. Poor soils were encountered and compaction requirements could not be met to build the trail and retaining wall. Not to exceed$19,828.55 Mr.Evans moved to approve, supported by Ms. Palmer.Upon a vote viva voce,the motion carried. Board of Works Minutes September 30,2021 ADDENDUMS • ADDENDUM NO. 1 TO CONTRACT NO.69-2021—ALL AMERICAN LAWN AND LANDSCAPING,LLC This addendum retains this Contractor to provide services to furnish and install additional specified plants and landscaping materials for the Izzy David Edelman Police and Fire Training and Physical Fitness Center located at 1740 South 8th Street. Not to exceed $2,940.00. Ms.Palmer moved to approve,supported by Mr.Evans.Upon a vote viva voce,the motion carried. RESOLUTIONS -None PETITIONS -None MISCELLANEOUS • HEARING ON VICIOUS DOG MATTER—CHELSEA STOCK After a short recess, Ms. Palmer opened the meeting for the Vicious Dog Hearing. She went over the process of how the meeting was to be conducted and the Assistant City Attorney explained how the witnesses were to proceed. The Deputy City Clerk then swore all the witnesses in under oath. Dakota Collins took Ms. Robinson's place as an alternate for this hearing. Chief Britt gave his summary of what happened on August 5,2021 at 11:37 a.m.Richmond Police Officers were sent to the 400 block alley between South 5th and 6th Streets. The complaint was that"pit bulls"were chasing and attacking a person in the alley.At the same time of the dispatch,Officer Aaron Stevens and Deputy Lucass of the Sheriff's Department were both flagged down in the 400 block of South 5th Street. Two men advised the Officers that there were three (3) vicious dogs that were attacking Jarelle Craig. Mr. Craig was bleeding from the injury to his hand. This injury occurred as he was attempting to get away from the dogs and was not the result of a dog bite. One of the witnesses was Bill Cook. Officers drove to the alley near the rear of 414-416 South 6th Street where they encountered the dogs. Animal Control Officer, Amanda Martin arrived shortly afterward. The animals attempted to attack another resident, Ms. Carrie Martin, who walked across the yard to speak with officers. The animals charged at Ms. Martin and Officer Stevens, growling in an aggressive manner. Ms. Carrie Martin jumped over the hood of Officers Stevens' patrol car to get away. Officer Stevens drew his side arm and another officer drew an ECD (Electronic Control Device or Taser). The lead dog growled and became vicious with the officers at which time Officer Stevens discharged his side arm at the lead dog. The lead dog was struck by a bullet in the leg area, and then fled from the alley. The other two dogs stayed in the yard. Animal Control Officer Martin obtained two snares. She and other staff Board of Works Minutes September 30,2021 on site were able to snare the two smaller dogs and secure them in the Animal Control truck. Officers trailed the injured dog to the area of South 4th and South"E" Streets where it was located under foliage and managed to snare it as well. All three animals were transported to the H.E.L.P. Shelter with the assistance of Jessica Moore, the Animal Control Officer for the Sheriffs Department. The injured dog was bandaged prior to lodging at the shelter and then was eventually transported to the Animal Hospital in Lynn, Indiana by shelter staff. The animal's owner was later identified as Chelsea Stock,a resident at 414 South 6th Street. She was issued a total of five City Ordinance Violation Citations; three for Dogs Running Loose, 91.04 of the City Code, ($100.00 each) and two for Failure to Provide City Tags, 91.02 of the City Code, ($100.00 each). Animal Control Officer Martin then photographed the dog's home, yard, and cage. The following day the dog that had been shot was transported back to the H.E.L.P. Shelter and was ordered to be held in quarantine until a presentation was prepared for the Board of Public Works and Safety. A hearing was requested to determine if the dog in question be deemed a Dangerous Animal by City Ordinance. The Chief also told the Board that another vicious dog incident involving this animal occurred at 329 South 6th Street,August 11, 2019.A neighbor had shot the dog in the face after feeling threatened. A witness account of this shooting incident did not corroborate the assertion that she was threatened. Other than this incident, there is no history of this dog, or the other dogs related to this owner, being cited as vicious or running loose. The Chief submitted copies of the police reports, copies of the citations,photos of the yard where the dogs were housed and a copy of the Code that pertains to this particular matter. The Chief explained to the Board that many of the witnesses he was hoping would testify could not be contacted. Animal Control Officer Amber Martin was unable to attend due to illness. Officer Aaron Stevens testified as to what his actions were during this situation. These actions emulated what the Chief had previously summarized. The Chief asked Officer Stevens if he felt that the dog was a threat to Public Safety and Officer Stevens replied that he felt that the attacking dog was. Mr. Collins asked about the distance between Officer Stevens and the dog when he discharged his weapon and was told there was about three to four feet.Mr. Evans asked if the other two dogs were smaller and Officer Stevens told him yes. Sergeant Austin Lipps came forward and was asked by the Chief if he agreed with the testimony that was presented by Officer Stevens and he said that he did. He was then asked if he thought the dog in question was a threat to Public Safety and he responded yes. The Chief told that Board that he had checked with the Shelter and was told that they have not had any problems with the dog (Addy) since she has been there. Ms. Stock has been Board of Works Minutes September 30,2021 there frequently to see the dog. He wanted to also let the Board know that Ms. Stock has five Ordinance Violation Citations (totaling $1000.00 including late penalties) that still have not been paid. There are also roughly $1,500.00 in veterinary bills at this time. He also found out that Ms. Stock has moved from the address where the incident occurred and is now concerned about the housing of this animal if it is released. Ms. Stock came forward to testify. She told the Board that she was not home at the time of the incident as she was helping a friend who was having a dog situation.Using the pictures of the dogs' kennel, she explained how she secures the openings of the enclosure. When she arrived at her home she found that the chains were laying on the ground. It is her belief that an individual loosened and removed the chains. She also believes that the dog was provoked for her to act the way she did. She read a letter from the shelter stating that they have not had any issues with the dogs since she has been there. In the seven years that she has had the dog she has not had any trouble with the dog until she moved to that area. Mr. Evans asked Ms. Stock how long she had lived at that address and she replied two months. In response to where the dog would go if she would be released, she told the Board that the dog would go to live with Omar Richardson,the father of her child. Ms. Palmer asked what Mr. Richardson's address was. Mr. Richardson came forward and gave his address as 28 North 13th Street, Richmond, Indiana 47374. Ms. Stock then asked why another device was not used instead of the gun. Officer Stevens answered that because of the distance between him and the dog a Taser would not have stopped him. Mr. Omar Richardson told the Board that he is familiar with Addy and would home her. Mr. Evans asked Mr. Richardson if he had outdoor space at his address to properly house the dog and he replied that he only has inside dogs. He has leashes and chains and whatever else he needs for them. Ms. Palmer asked Ms. Stock if Addy was spayed, and she replied no. At this time, the Chief gave his closing statement and told the Board that he felt the dog was dangerous according to City Code. There are places in the code where a dog can be released if certain criteria is followed. Ms. Stock told the Board that she isn't saying that her dog didn't behave this way but that she still feels that the dog was provoked There was some discussion on whether to make a final decision at this meeting or take it under advisement and do it in two weeks. The Board decided to go ahead and give their decision instead of waiting. Ms. Palmer gave her opinion that she felt the dog had shown dangerous and vicious behavior as described in the code so these are her recommendations: Board of Works Minutes September 30,2021 1) The dog is to be spayed 2) The violations will have to be paid 3) The medical and impoundment fees have to be paid. 4) All necessary housing stipulation are to be met that are stated in the code 5) Obtain City Tags Mr.Evans agreed that the incident fell within the vicious behavior description in the Code. He also agreed with the testimony of the officers labeling the animal as vicious and dangerous and with Ms. Palmer's recommendations. Mr. Collins agreed with the recommendations and assessments of the other Board members.He also wanted to state that the purpose of this hearing was to define if the animal is considered dangerous and vicious as described in the City Code. Ms. Palmer entertained a motion that these were vicious actions of the dog and that all the recommendations required for the dog's release should be done.Mr. Collins made a motion and was seconded by Mr. Evans. Upon a vote viva voce,the motion carried. ADJOURNMENT After a motion was duly made,the meeting was adjourned. leg(/it Vicki Robinson, President ATTEST: 772-X /2 --o Monica Burns, Deputy City Clerk A recording of this meeting is on file in the Office of the City Clerk.