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
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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
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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.