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HomeMy Public PortalAbout10-28-1999 BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND,INDIANA, OCTOBER 28,1999 The Board of Public Works and Safety of the City of Richmond,Indiana,met at 5 p.m.Thursday,October 29, 1999,in the Community Room in the Municipal Building. Chairperson Bob Goodwin presided,with Bruce Metzger and Assistant City Attorney Steve Rabe in attendance.Robin Henry was absent.The following business was conducted: APPROVAL OF THE MINUTES The minutes of the meeting of October 21, 1999 were approved on a motion made by Metzger,second by Chairperson Goodwin and the motion was carried on a unanimous voice vote. CLAIMS FOR PAYMENT There were no claims for payment. REQUESTS A. Chairperson Goodwin stated that the curb cut requests before the Board come from Habitat for Humanity and are for residences side by side at 1318 and 1322 on South 15th Street. Metzger moved to approve with the City specifications as stated,second by Chairperson Goodwin and the motion was carried on a unanimous voice vote. BID OPENINGS A. Chairperson Goodwin explained that the bids to be opened were for the U.S.40 East Beautification Project and the first was made by Studebaker Nursery of New Carlisle,Ohio with unit pricing and no certificate of insurance;the bid by A.Brown&Sons Nursery of Phillipsburg,Ohio,was read by Metzger for a total bid of$18,316.50;the bid by Pleasant View Nurseries of Richmond was read by Chairperson Goodwin who said the total was for $21,760;and the bid by Browers Gaar Nurseries was for a total of$17,820.50.Chairperson Goodwin said the bids would be taken under advisement and be reviewed by the Purchasing Director,the Parks Superintendent and the City Engineer then brought back before the Board with a recommendation possibly within a week. AGREEMENT A. Chairperson Goodwin explained that this is an agreement for a left turn signal with I.U.East, Ivy Tech and the Indiana Department of Transportation.Assistant City Attorney Rabe explained that the agreement is to be entered into by the City of Richmond and all three of the above.He said pursuant to this agreement,a left turn lane as well as left turn lane and left turn signals would be installed at the intersection of Chester Boulevard and the main entrance to I.U.East and Ivy Tech with the cost to be divided equally among the four mentioned above. Metzger asked when this would occur and Rabe answered that once all four parties have signed the agreement,with the State being the last,it could be either this fall or the spring,he did not know.Chairperson Goodwin stated that this is prior to the general widening of U.S. 27 adding the fifth lane.Metzger moved to approve,second by Chairperson Goodwin and the motion was carried on a unanimous voice vote. Board of Works Minutes Cont'd October 28, 1999 Page 2 BID AWARD A. Chairperson Goodwin read a recommendation made by Assistant City Engineer Greg Stiens for the field lighting contract at McBride Stadium.He said the Board received two bids on September 23 and he recommended the contract be awarded to Cununins Electric as the lowest,most responsive bidder with its bid of$101,475 with an alternate of$22,450.He stated that the City Controller Shelley Miller had confirmed that the Build Indiana funds for this project were available and the contract may be awarded.He said that both he and the City Engineer Bob Wiwi recommended that the base bid be awarded to Cummins Electric and also that the unit prices for additional work,if needed,be accepted at this time and additional light fixtures may be added to this contract at a later date if the budget allows.Metzger moved to approve,second by Chairperson Goodwin and the motion was carried on a unanimous voice vote. B. Reading from a letter written by City Engineer Bob Wiwi,Chairperson Goodwin said it regards North West 0 Street.He said Wiwi stated that only one quote was received for the extension of North West 0 Street and the quote was above the engineer's estimate and the budget allocation.He said he and Purchasing Manager Vicki Stevens had reviewed the quote and both recommended that it be rejected.He said they would re-quote the work and attempt to get additional quotes from other vendors.Metzger moved to reject the bid,second by Chairperson Goodwin and the motion was carried on a unanimous voice vote. HEARING ON APPEAL OF POLICE CHIEF'S DECLARATION OF A VICIOUS DOG Chairperson Goodwin asked if the person filing the appeal would take her place before the camera and microphone.He also asked Doyle Nichols,the animal control officer with the Richmond Police Department,to take his place beside her.The one appealing this introduced herself as Linda Bowen of 1481 Irish Hills Court. Chairperson Goodwin read the letter,which she is appealing written by Nichols and Police Chief Bill Shake.He said the letter stated that it was in reference to the incident, which occurred on October 7, 1999 involving Bowen's two Rottweilers that attacked and killed a Chihuahua owned by Katherine Kelley at 1401 Irish Hills Court.He said it is Case No.99-I-0917.He read from the amended Ordinance No. 1990 which reads: "Dangerous/vicious dog -Any dog that because of its individual temperament or because of its breed has a known propensity tendency or disposition to cause injury or to otherwise endanger the safety of human beings or domestic animals or .... (3)Any dog that has killed a domestic animal without provocation. " Rabe stated that at this point he would ask Nichols to present his information then if the Board has any questions they may ask them.He explained that the general rule of procedure is that the party,which has the burden of proof(which in this case would be the Richmond Police Department),goes first. Reading from a statement,Nichols said: On Thursday,October 7, 1999 at 11:45 a.m.he was dispatched to 1401 Irish Hills Court in reference to two Rottweilers running loose and upon his arrival,after patrolling the street slowly,he observed two Rottweilers going into the residence at 1481 Irish Hills Court.At that time,he said,he didn't know the owner,but it was Ms.Bowen.He said he saw the dogs there in the residence,waved and went on his way because he felt everything was taken care of. Board of Works Minutes Cont'd October 28, 1999 Page 3 However,he said,about an hour later he was given a phone number to call and it was Ms.Kelley who asked him what was being done,and he told her the dogs were put up,then she said they had killed her Chihuahua.He said that was a different circumstance and he wasn't aware of that when he was there earlier.He said he went back down to the area,talked with Ms.Kelley and went to Ms.Bowen's house but she was not at home.He said he did leave a letter for her there and talked with two neighbors across the street at 1400 and 1401 was Ms.Kelley's house. He said she advised him that a year before,one of the two Rottweilers had attacked her cocker spaniel mix dog doing about$800 damage to the dog in veterinarian bills.However,he said,in looking back at the check stubs,she found it had been two years,not a year. She also advised him that Ms.Bowen had paid $200 of the$800 and Ms.Bowen confirmed that also.He said there were several people in the neighborhood concerned for the safety of their children.He said he told them animals fight,but to his knowledge the dogs had not bitten any humans to this point.He said the ordinance states that in killing another animal,it justified the vicious dog citation.He said the following day,on Friday,they were loose again. Rabe brought the Board's attention to the petition,which was signed by several of the neighbors.He read into the record the letter received in the mail by Chairperson Goodwin,which was titled"Neighborhood petition on dogs who attack."It stated: "Two years ago a cocker spaniel dog was attacked by a Rottweiler and was severely hurt.This year,another dog,a Chihuahua was attacked and killed by two Rottweilers. Katherine Kelley owned both dogs who were her companions for 15 years.Katherine Kelley lives alone and is concerned for the safety of the children because the bus stop is right in front of her home where her animals were attacked.Parents are afraid to let their children out to play for fear that the two dogs may be roaming the neighborhood.These dogs have bitten two children and on 10/15/99 a neighbor was trapped in her car by the two Rottweilers.Officer Jim Rice was the officer on the scene.Please take any action before children,ourselves or our family pets are killed."Several neighbors signed it. Metzger asked Nichols if,when he interviewed Ms.Kelley and one of the other neighbors,did he find out whether or not anyone had seen this incident happen.Nichols said it was his impression that the neighbor at 1400 Irish Hills Court did,but when he asked if they would put something in writing,the statement he got in writing was about the incident,which happened two years ago with the cocker spaniel. Rabe asked if there was anyone in the audience who was here in support of the dogs being declared vicious. Stepping forward was Kim Roman of 579 Test Road,daughter of Ms.Kelley,who introduced herself as the person who took the petition to all the people in the neighborhood.She said Mike Harmeier at 1400 Irish Hills Court was the witness who saw the dogs attack and his wife is the one who saw the dogs attack two years ago.Rabe asked if Harmeier was here this evening and Roman said he was not. Rabe asked Roman if she had witnessed any of the activity involving the dogs and she answered that she had buried her mother's dog on the day of the phone call,which was October 7. She said she got a call at Westview School where she works and it was her mother,who was crying,and asked if she could please have her husband(Roman's husband)come bury the dog.When she asked what had happened,she said her mother answered that the same dogs that got her dog two years ago had just killed her Chihuahua.Roman said when she got to her mother's house she found the dog lying in front of the house in a big puddle of blood.She added that the dog catcher didn't know the dog was killed because her mother was so upset when she called(the police)that she did not say the dog was killed but just told them she needed help. Board of Works Minutes Cont'd October 28, 1999 Page 4 Roman said the dog had massive slashes in its rear end where it looked like it had been attacked from behind.She said that was all she could tell them from a firsthand observation,but when she went out to talk with the neighbors with the petition she found there were a couple of kids who had been bitten and there were a lot of neighbors who were concerned about it.Chairperson Goodwin asked if the people who said their children had been bitten were here tonight and Roman answered that they were not.Roman said it was her understanding that not a whole lot of people knew about this meeting taking place tonight. Bowen interrupted,stating that she didn't know why that was the case because she had eight copies of that letter that tells about the hearing.She said someone took it upon themselves to make copies and to pass them out in the neighborhoods of Irish Hills Court and also on Shamrock Court and probably as far over as Riley Hills. She said most of the people who got the notices brought them to her because they didn't know why they had it and one of the neighbors,she said,commented that they brought it to her because they didn't want her.(Bowen)to miss an appointment. Rabe asked if anybody else was in the audience in support of the vicious dog declaration and finding no one,he asked Bowen for her comments. Bowen said she is appealing this because they are her dogs and her"babies"and she lives alone,too.The young one,she said,is"Joy"and she is six months old and that is how long she has had her.The other dog, "Zoey,"she has had for almost three years. She said she loves them both and they are not vicious dogs,that is why she is appealing this.She said she takes them to the veterinarian and she has her licensed as she is supposed to and she keeps her confined and it was not something that was intended.The dogs just got out. She said she has been fixing the little places in the fence and she added that she is not sure as to whether or not someone hasn't let them out.She said they had never been out before. The incident that Roman was talking about before,she said,happened when her grandson was walking her dog(that would be Zoey) and the(other)dog(cocker spaniel) was out on the street,came from a neighbor's porch and was yapping and barking.This,she said,showed endangerment to her dog and that is why she took after the cocker spaniel at that time.She said she doesn't know what happened this time,but she knows she was at fault because the dogs got out of her fenced in yard.She said she has chain link fence which,she said,she got just one week after she got Zoey,the big Rottweiler. She said that was also when she took her to the veterinarian and later she had her spayed,adding that she has done all the things she was supposed to do for her animals. Roman said Kelley's dogs have roamed out ever since she has lived in the neighborhood and she(Kelley) had told her that her dogs(Kelley's)had run around(here)for 16 years.Bowen then said it was her feeling • that if she had had a dog torn up by another dog she certainly would not let another one,or the same one that got well,out to go to the bathroom and to sun in the middle of the street.She said cars and everything else has to stop before they turn onto the street sometimes for those two dogs. She added that she is not saying it was their(the dogs)fault,but said Kelley is supposed to keep her dogs in,too.She concluded by saying,that for the reasons stated above,she is here appealing the declaration. Metzger asked her if she disputed that her dogs killed the Chihuahua and Bowen answered that she didn't see it and she didn't know it.She said,as Nichols had stated,she went to the door,and that was after sleeping only four hours after working 16 hours.She said at 11:45 a.m. she had got up and went to her back door to let her dogs in and they weren't there so I started calling them.It was then,she said,that her next door neighbor,Teresa,said both the dogs were out front.When she went to the front door,Bowen said, both the dogs were coming down the sidewalk and Nichols was driving slowly in his truck and he pulled into(not just waved to her)the drive and also got out of the truck and neither dog went toward him and she took her dogs into the house,telling him she was sorry that they had gotten out. Board of Works Minutes Cont'd October 28, 1999 Page 5 Alluding to the child biting again,Chairperson Goodwin asked Nichols if there had ever been a report in the police department of this particular incident of children being bitten and Nichols said he had not located it.However,he had heard here at this meeting that someone had said something about Officer Jim Rice being out there in the area on October 19.Chairperson Goodwin commented that someone had stated that somebody was trapped in a car when the dogs were out.Rabe said,according to the petition,that was on October 15,not the 19`h.He added that it was something that Nichols was completely unaware of,having not seen this petition until this meeting.Nichols said that was correct. He said he knew that on October 8,the day after this incident,the police were called back down there, however,he was off that day.Bowen said she called probably to the police department the same day to notify the police and she said she was sure that was on the record. Identifying herself as Tonya Bowen,3243 Berwyn Lane,was Bowen's daughter who said she was there at her mother's house when she first brought Zoey to the house on Irish Hills Court and was also there when her mother first got Joy and brought her to the house.She said the dogs are not vicious and added that if a Rottweiller had bitten her child and she knew who the owner of that dog was,I would have been at the owner's door.She said that after all,they are Rottweilers.If they are that vicious of an animal and if they are that big,she asked the Board members whether or not they would have thought someone would have come knocking at the door or reported it. Tonya Bowen said there are children in and out of her mother's house all the time,not to mention adults. These are grandchildren and neighbor's children and the dog have not ever bitten them.She said that when the first incident happened with the cocker spaniel,she was there along with her sister and her nephew and his friend.She said the last two were walking Zoey down the street on a leash when Kelley's dog. . . and, she said,that is another point,if this is a woman who is filing this petition that feels so strongly,where is her presence?Chairperson Goodwin said this is an appeal by Bowen and Tonya Bowen answered that she understood that,but she said she feels strongly,too,just as the other girl feels strongly for her mother (Kelley).Chairperson Goodwin interjected with the remark that he didn't want Tonya Bowen to think that just because Kelley was not here that it should count against her. Then,Tonya Bowen stated that if her dog had been killed by these dogs and if she was the one trying to get the dogs either taken away or cited as vicious,I would be here.Continuing with her account of the day two years ago when the first incident took place,Tonya Bowen said the dog was being walked on a leash as the other dog ran off of the porch,unleashed,free to do what it wished,ran up to Zoey and her nephew.Her mother,Linda Bowen,then said she was the one who took the cocker spaniel to the veterinarian after calling her own vet because the lady(Kelley)couldn't get her vet to answer the phone.Bowen said she took the dog to the vet in her own car. Tonya Bowen stated that even though they are loved dearly and they are their pets,the dogs are still animals.But,she said,her mother also lives alone as does Kelley,and these two Rottweilers are not just dogs,they are her pets.She said she loves them just as much as Kelley must love her dogs.The situation is unfortunate and you hate to see it happen,but she asked whether or not Zoey is vicious because she is on a leash with her nephew holding her and the other dog running toward her and barking.She said she didn't think so,adding that a dog as well as a human would feel defensive if someone would run up to them that way.She said humans don't know how they would respond,and you certainly don't know what a dog is going to do. Board of Works Minutes Cont'd October 28, 1999 Page 6 She said it was an unfortunate accident,adding that she and her sister ran down to where the dogs were, knowing that something had happened.She said they helped her mother put blankets in her car and drove the dog to the vet,meeting Kelley at the vet's office.Tonya Bowen said that at that time Kelley didn't even want any funds from her mother because her mother asked Kelley to tell her how much the bill was and offered to pay as much as she could,or pay half of it. (Bowen said in the background that she forced Kelley to take some money).Tonya Bowen said the bill was not$800.Her mother said Kelley showed her a bill for$400 and she said she paid her$200,adding that she has the statement. Tonya Bowen said her mother,Linda,has been involved in an accident where she,too,was a victim.She said someone deliberately and intentionally ran into her,forcing her off the street,banged into her car and totaled it.She said since the day after that accident happened,in the month of October,the dogs have been getting out of that fence.She said she has been at her mother's house,checking the fence,and so has her brother and other relatives along with her mother's friends and she claims that there is no way the dogs are getting out on their own. She said she didn't know that this latest incident had happened,and Kelley didn't bring it to Linda Bowen's attention,and it was only when Kelley's daughter came to Bowen's house,she said,violently screaming and telling her mother what she was going to be doing,that they learned of the incident. Tonya Bowen said they were all concerned that the dogs were getting out,adding that she was going over to her mother's house and trying to make sure they were staying in the fence and looking to see if she could find where they might be getting out. Alluding to the first incident with the cocker spaniel,Linda Bowen said when Zoey came home after that incident she had blood on her mouth and everything else.This time,at 11:45 a.m. when Nichols was in his truck behind the dogs and they were walking there wasn't anything on the dogs,not anything wrong with either one.She said it looked like it would be noticeably visible,adding that if all the blood was in the puddle that was mentioned earlier,it was not on either of the dogs. Rabe asked Tonya Bowen if she had witnessed any of the incident with the Chihuahua and she answered that she had not and her mother was not even aware that it had occurred.She said she didn't know that they had hurt anyone or anything until her mother called her,also extremely upset,because someone had been at her front door yelling and screaming and cussing at her and threatening what she(not her mother)would do. Dennis Weller,Linda Bowen's son-in-law,stated that Zoey is not a vicious dog.He said his little girl who is four years old has been with Zoey since she was born and the dog lets her do anything to her,crawl on her,pull on her or whatever.As far as the dog that was attacked,he said,he has been going in and out of that neighborhood for 12 years and those dogs(Kelley's dogs)have always been right there in the front yard or in the street.He said he had literally had to stop to let the dog get out of the way in the street.He said he had gone to his mother-in-law's house when nobody else was there and Zoey had paid no attention to him.He said she is a big baby but is big and that makes her intimidating.He added that she's a Rottweiler.He said he has never seen Zoey pose any problems to a human being or to another dog. Rabe stated that according to the City Code definition,91.17 gives the definition of a dangerous or vicious dog and states"any dog that has killed a domestic animal without provocation,"and he said the incident that has resulted in this case is the incident where the Chihuahua was allegedly killed by the Rottweiler. Apparently,he said,there may have been some other incidents which have come up indicated by the neighbors who had signed the petition.However,he said,what is being focused on here is whether or not this Rottweiler has attacked another domestic animal without provocation. Board of Works Minutes Cont'd October 28, 1999 Page 7 Rabe said it was stated in the City Code that this Board had 20 days in which to hold a hearing after receiving an appeal request and that has been done.However,he said,if the Board members feel that this hearing needs to be continued to receive more information that is permissible.The petition,he said,which was first seen today by himself as well as the Board members and Nichols and also Linda Bowen,has alluded to an incident after this which involves another Police Officer.He added that there is not any detailed information about that at this time. Chairperson Goodwin said he would be comfortable with holding off a decision so that further checking can be done on the additional information received with the petition.Metzger said he would be inclined to continue the hearing because he didn't want to check out any information without any of the people here having a change to respond and see it. Linda Bowen stated that if this hearing is going to be continued then she wanted to have her attorney present. She said she had conferred with him about being here today,but he had said he didn't think it was necessary.Metzger said he had some problems with the lack of evidence as to whether the Rottweiler killed the Chihuahua and that it was done without provocation.Chairperson Goodwin said he shared that concern with Metzger.Rabe said he would not want to see the City exposed to a liability for not fully investigating once a complaint was made. Tonya Bowen said she would like to see the petition and she also had received on of those phone calls that was mentioned from a lady who lives on Shamrock Court telling her that she had one of those addressed to her mother.She said her mother was telling the truth when she said copies of the letter telling about this hearing had been distributed to others in the area.She said she understood the concern that Rottweilers were on the loose,but why weren't Kelley's dogs confined?She said her mother's dogs have to be fenced in,then why doesn't that apply to them also? Linda Bowen stated that Kelley's dogs have a large backyard with a chain link fence and a privacy fence so her dogs could be out in her back yard as well as hers.She added that she has a German Shepherd there, too. Chairperson Goodwin moved to continue the hearing until the next Board meeting,second by Metzger and the motion was carried on a unanimous voice vote. Rabe announced that the hearing has been continued so the Board members can investigate further and those attending this meeting have a right to be here to dispute anything that anyone else would say.He added that if Linda Bowen wants to bring her attorney that is fine because she has that right but is not required by any means to do so. AGREEMENTS Rabe stated that prior to this hearing,two agreements had been forwarded to him,which were entered into by the City of Richmond and Butler,Fairman and Seufert Inc.of Indianapolis which is a consulting firm the City wishes to retain for construction inspection of the Whitewater Gorge Project.He said he had not had an opportunity to review them but wished to get Board approval to enter into the contract subsequent to legal review and confirming the availability of bonds with the City Controller. Chairperson Goodwin said it was apparent that City Engineer Bob Wiwi felt it was important that the papers be signed and dated today.Metzger moved to approve the agreements subject to review,second by Chairperson Goodwin and the motion was carried on a unanimous voice vote. Board of Works Minutes Cont'd October 28, 1999 Page 8 ADJOURNMENT There being no further business,on a motion duly made,seconded and passed,and carried on a unanimous voice vote,the meeting was adjourned. Robert Goodwin,Chairperson ATTEST: Norma Schroeder,Clerk