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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.
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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.