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HomeMy Public PortalAbout11-04-2021 THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND, INDIANA, NOVEMBER 4, 2021 The Board of Public Works and Safety of the City of Richmond, Indiana, met at 5:00 P.M., November 4, 2021, in the Council Chambers 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; Elijah Welch, District Engineer, via Zoom; Greg Stiens, Director of Public Works and Engineering; Sherrie Richey, Code Enforcement; Bill Henry, Code Enforcement; Police Chief Mike Britt; Amber Martin, Animal Control Officer; Darrel Martin; Rex Marshall; and Media. APPROVAL OF MINUTES Ms. Palmer moved to approve the minutes of October 28, 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 November 5, 2021in the amount of Two Hundred Sixteen Thousand Three Hundred Ninety Nine Dollars and sixty three cents ($216,399.63), supported by Ms. Palmer. Upon a vote viva voce, the motion carried. Mr. Evans moved to approve a Special Claims for Payment for October 22, 2021 in the amount of Forty Thousand Dollars and no cents ($40,000.00), supported by Ms. Palmer. Upon a vote viva voce,the motion carried. PAYROLL CLAIMS FOR PAYMENT Mr.Evans moved to approve the Payroll Claims for Payment for November 5,2021 in the amount of Eight Hundred Fourteen Thousand Three Hundred Eighty Six Dollars and fifty eight cents ($814,386.58), supported by Ms. Palmer. Upon a vote viva voce, the motion carried. PAYROLL CLAIMS FOR PAYMENT FOR PENSION-None REQUESTS Board of Works Minutes November 4,2021 • STREET CLOSURE The closure of Sheridan Street, NW lst and SW 1st Streets to through traffic (and cross- traffic at times during construction. This closure is for the Westside Interceptor Sewer Improvement Project. It will last approximately 13 months total. Phase 3 closure will be Sheridan Street between NW "B" Street and NW "G" Street beginning November 8, 2021, weather permitting. Phase 4 closure will be NW 1st&SW 1st Street between Madden Court and 400 feet south of West Main Street. Ms.Palmer moved to approve, supported by Mr. Evans.Upon a vote viva voce,the motion carried. BID OPENINGS -None BID AWARDS • PEACOCK ROAD AND ELSTRO PARK INFRASTRUCTURE PROJECT Recommend to award the bid to Smarrelli General Contracts in an amount not to exceed $204,120.00. Mr. Evans moved to approve, supported by Ms. Palmer. Upon a vote viva voce, the motion carried. CONTRACTS • CONTRACT NO. 138-2021 —S&M SOLUTIONS,LLC The Contractor is to provide services in connection with the securing of all windows and doors of the structure located at 445 South 12th Street for the City of Richmond, Indiana, for the Department of Code Enforcement. Not to exceed$1,294.58 Ms.Palmer moved to approve, supported by Mr. Evans. Upon a vote viva voce,the motion carried. • CONTRACT NO. 139-2021 — RON L. DIXON, NATURAL RESOURCE CONSULTANT The Contractor is to provide professional consulting, mitigation, and monitoring services for the mitigation of the Riverside Heritage Trail (also referred to as a Recreational Trails Program and"RTP" Trail) for the City of Richmond. Not to exceed $48,000.00 Board of Works Minutes November 4,2021 Mr. Evans moved to approve, supported by Ms. Palmer.Upon a vote viva voce,the motion carried. • CONTRACT NO. 147-2021 —S&M HOME SOLUTIONS Contractor will provide services in connection with the securing of all windows and doors and basement access of the structure located at 504 South 12th Street for the City Department of Code Enforcement. Not to exceed$1,070.00 Ms. Palmer moved to approve, supported by Mr. Evans. Upon a vote viva voce, the motion carried. CHANGE ORDERS -None ADDENDUMS • ADDENDUM NO. 2 TO CONTRACT NO. 198-2019—JOSEPH P. BUCKLER This is to extend the contract for the contractor to continue to provide specialized (CAD) engineering services for the Public Works and Engineering Department for the 2022 calendar year. Mr. Evans moved to approve, supported by Ms. Palmer.Upon a vote viva voce,the motion carried. RESOLUTIONS -None PETITIONS -None MISCELLANEOUS • HEARING ON VICIOUS DOG MATTERS After a short recess, Ms. Robinson 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 Assistant City Attorney then swore all the witnesses in under oath. Chief Britt gave his summary on what happened August 18, 2021 at 11:47 a.m. Animal Control Officer, Amber Martin, was sent to 1615 Central Drive in Richmond, Wayne County, Indiana on a complaint of vicious dogs running loose with one person having been bitten by one of them. Ms. Martin arrived and located the bite victim and identified him as Rex Marshall who resides at 1110 Sylvan Nook Drive. He showed Ms. Martin where he had been bitten by an aggressive pit bull mix dog as he walked through his yard adjacent to where the dog resides at 1615 Central Drive. The dog had jumped over the fence Board of Works Minutes November 4,2021 displaying aggressive behavior and attacked him, resulting in a laceration injury. He stated that this has been an ongoing problem with this neighbor and there are two dogs that are frequently running loose in their neighborhood from that address, aggressing people. The dogs reside at 1615 Central Drive. Ms. Martin made contact with the dog's owner and identified him as Darrell Martin who resides there. His ID card showed his address of 1143 Harris Street. He told Ms. Martin that it wasn't his dog that bit the neighbor. Ms. Martin was then directed to 1620 Central Drive to speak with the resident, identified as Josephine Burdette, an elderly female. Ms. Burdette explained that around noon on this date as she was retrieving her garbage container from in front of her residence she was confronted by two aggressive dogs that reside at 1615 Central Drive. She fought the dogs with her trash container while screaming at the dogs,telling them to go home and screaming for the residents of 1615 Central Drive to come and get their dogs. Someone came out of that residence and was talking to the dogs, which ran down the street and back again. This person went down the street and came back with the dogs on a leash.Ms. Burdette said this incident scared and upset her and was afraid to leave her house to get the mail or take out trash. She reported that the dogs were out again, running loose on August 20, 2021. Animal Control Officer Amber Martin issued Darrell Martin a City Ordinance Summon #12193 for City Code 91.04 with a $100.00 fine. She also arranged that the dogs be held in quarantine at their home due to housing constraints at the H.E.L.P. Shelter. Mr. Martin agreed to this arrangement. On August 20, 2021 Ms. Martin was sent to 1615 Central Drive again on a report of the vicious dogs chasing people in that neighborhood. When she arrived she was able to photograph the dogs running throughout the neighborhood. Another person called the police and stated that he was tired of being chased by the animals. Sergeant Lipps responded as well and attempted to contact Darrell Martin at 1615 Central Drive. A female answered the door and stated she would get Mr. Martin. She closed the door and no one came back to the door. Animal Control Officer Amber Martin left two City Ordinance Summons #121294 and #121295 at the door for a second offense of Dog Running Loose 91.04 with a fine of$250.00. Similar calls to the address were received again on August 24, 2021 at about 3:14 p.m. Ms. Martin was unable to get an answer at the door. With the at-home quarantine obviously not effective, Ms. Martin spoke to her Supervisor, Lieutenant Benedict, and outlined the problem. A call to the H.E.L.P. Shelter resulted in them making room for the two dogs to quarantine there. Ms. Martin went to 1615 Central Drive on August 25, 2021 at about 9:55 a.m. to detain both dogs and place them in quarantine. She knocked on the door and the same female confirmed that the dogs were in the house. She said that she would get Darrell Martin. Mr. Martin came to the door and was told the dogs were to be detained.Mr.Martin then told the Animal Control Officer to"come back with the police, bitch" and closed the door. Sergeant Lipps then responded to assist and the dogs were detained and taken to the Shelter to be quarantined on indefinite hold pending a hearing of the Board of Public Works and Safety to determine if these animals are vicious and dangerous as defined in the City Ordinance. It should be noted that Darrell • Board of Works Minutes November 4,2021 Martin has been mostly uncooperative and rude throughout this process. The Chief believes that adequate evidence exists for this determination hearing as soon as practical. He also noted that there have been previous animal problems at this location on October 31, 2020, April 14, 2021, June 4, 2021, and August 11, 2021 Additionally these allegations of viciousness are supported by listed witnesses and victims as well as a hand written letter to Animal Control Officer Amber Martin from James Anderson of 1113 Berry Lane (neighbor) and a video from a porch camera that shows the two dogs being threatening to a Fed-Ex delivery person and confining him to a porch in the area while making a delivery. The Chief asked for a Vicious Dog determination hearing to determine the disposition of these animals. He also told the Board that all of the tickets have been paid. Rex Marshall testified and told the Board in his words what happened. He was attacked by the dogs and bitten. Pictures were submitted to the Board to show his injuries. He went to the hospital but no stitches were needed. They cleaned the wound then he left. Those bills have not yet been paid. He also told the Board that the people that wrote the letters were in their 90's. Darrell Martin then testified to the Board. He said that he is autistic and the dogs help to calm him down. A letter he presented to the Board from the H.E.L.P Shelter says that the dogs have been easy for the staff to work with and have caused no problems. It also states that Mr. Martin has been to the shelter every day to spend time with the dogs. Mr. Martin said that he would do whatever was needed to get his dogs back. The Shelter told him that they would help him with the sterilization of the dogs and getting their shots up to date. All Board Members agreed that the dogs are deemed Dangerous and Vicious according City Code 91.15. Mr. Martin is also obligated to follow the Compliance part of the Code laid out in 91.15(c) of which he was given a copy. In addition to the Code requirements he is also to pay Mr. Marshall's medical expenses, get the dogs sterilized, registered, and pay all fees to the Shelter. Ms.Palmer moved to deem these Dogs as Dangerous and Vicious as spelled out in the City Code 91.15(a), supported by Mr. Evans. Upon a vote viva voce, the motion carried. Assistant City Attorney Kim Vessel explained to Mr. Martin he had 20 calendar days to appeal, 7 days to comply, and 25 days to pay any extra cost he has been ordered to pay. ADJOURNMENT After a motion was duly made, the meeting was adjourned. Board of Works Minutes November 4, 2021 i&A/(/t41' Vicki Robinson, President ATTEST: 122 G'216e� Monica Burns, Deputy City Clerk A recording of this meeting is on file in the Office of the City Clerk.