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HomeMy Public PortalAbout11-07-1996 BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND. INDIANA. NOVEMBER 7, 1996 1 The Board of Public Works and Safety of the City of Richmond, Indiana, met at 5 p.m. Thursday, November 7, 2 1996, in the Municipal Building in said City. President Robert Goodwin presided with Robin Henry, Bruce 3 Metzger and Assistant City Attorney Steve Rabe in attendance. The following business was had to-wit: 4 5 APPROVAL OF MINUTES 6 7 Henry moved to approve the minutes of October 31, 1996, second by President Goodwin and the motion was 8 carried on a unanimous voice vote. 9 10 CLAIMS FOR PAYMENT '11 12 Claims from the Controller's office were read by Henry who noted that they totaled $527,717.01 and moved to 13 approve,second by Metzger and the motion was carried on a unanimous voice vote. 14 15 REQUESTS 16 17 A. Captain John Farmer said he had reviewed the residence of Cathy Bodiker at 444 South 13th Street 18 and found that her request for a handicapped parking space meets the ordinance requirements. He 19 recommended the request be approved. Henry so moved, second by Metzger and the motion was 20 carried on a unanimous voice vote. 21 22 B. President Goodwin read a letter from the Richmond Art Museum requesting the use of the west end 23 of the City Building parking lot on December 5, 1996. The museum is sponsoring a bus trip to 24 Cincinnati,Ohio on that day and needs a central location for the parking of approximately 10 cars from 25 10:30 a.m. to 9 p.m. Henry moved for approval, second by Metzger and the motion was carried on a 26 unanimous voice vote. 27 28 C. Assistant City Attorney Steve Rabe said a few weeks ago a bus charter policy had been been 29 brought before this Board and at that time it was noted that the City was working on a Bus and Bench 30 Advertising Policy. He said that is what he is presenting to the Board this evening in the absence of 31 Terry Quinter, director of transportation. He said this sets forth a written policy regulating leasing of 32 advertising space on the buses as well as the City benches at the bus stops. It sets forth the prices that 33 will be charged per bench to lease advertising space and the charges for leased space on the buses. 34 He said these prices are at the recommendation of Quinter. It also provides that no space will be 35 leased to advertize intoxicating beverages, cigarettes and tobacco items as well as obscene matter. 36 Metzger moved to approve the policy as submitted, second by Henry and the motion was carried on a 37 unanimous voice vote. 38 39 D. President Goodwin brought before the Board a curb cut request at 1050 Industries Road for 40 Richmond Center L.L.C. Representing the company was Mark Harrington who explained they had a 41 potential tenant who wants to lease space from the company and part of the requirements is the use of 42 the docks and in order to get into them they have to have a curb cut to back in off Industries Road. 43 President Goodwin said all the departments had reviewed the request and recommended approval with 44 the normal specifications for a curb cut. Metzger moved to approve the request, second by Henry and 45 the motion was carried on a unanimous voice vote. 46 47 PUBLIC HEARING 48 49 A. President Goodwin announced the opening of the public hearing and turned it over to Assistant City 50 Attorney Steve Rabe who explained that pursuant to the City ordinance,the dog-was removed from the 51 property by the Richmond Police Department which the ordinance does permit. He asked Captain 52 Farmer and Lori Jacob, owner of the dog, to come before the Board to present their version of what 53 happened. 54 55 Captain Farmer stated that he referred to the report of Doyle Nichols, the animal control officer, noting 56 that he and Nichols were present at 2:30 p.m.October 28 at 404 South West 3rd Street where Nichols 57 was dispatched regarding the neglect incident. He said the complaint was about the neglect of a dog at 58 406 South West 3rd Street, the home of Lori Jacob. Captain Farmer said he and Nichols looked at the 59 animal and it appeared to have been fed well enough and was not,dehydrated. However, he said, no 60 food was present and there was very little water and it had macaroni and cheese in it. 61 - 62 He said the dog was chained with a chain that was wrapped twice around its neck and fastened so that 63 it could not slip, adding that it was not in a choker style but firmly attached so only the space allowed 64 was put in there when it was placed on the dog. He said there was no way for the dog to enlarge nor 65 tighten it. _ Board of Works Minutes Cont'd November 7, 1996 Page 2 1 Captain Farmer said the chain had apparently been on the dog for quite awhile because it had rubbed 2 away the hair and skin from the neck of the dog, adding that when they took the chain off the animal 3 they had to pull it out of the neck. He said a scab had begun to form over it and blood was present. He 4 called attention to a Polaroid photograph taken of the wound as they saw it on October 28. He said he 5 had also distributed copies to the Board members of the citation issued to Lori Jacob for neglect as well 6 as a copy of the veterinarian's bill. He said he and Nichols took the dog to'Dr. Woodard at 901 Sim 7 Hodgin Parkway where he was treated. He said charges on the bill included those for anesthetic, 8 cleaning of the wound, penicillen oil and a three-day prescription. He said it was stated on the bill that 9 the dog was treated for a neck laceration caused by a collar being too tight resulting in a lesion. 10 11 Captain Farmer said he had a handwritten statement as to the animal's name and breed as it came into 12 the animal welfare league, stating it was a shepherd-chow mix by the name of Chester, taken into 13 custody at 2:45 p.m. on October 28. The statement noted that the dog came in as the result of.neglect 14 from a chain around the neck. In answer to a question posed by President Goodwin, Captain Farmer 15 said a citation was issued to Lori Jacob for neglect and according to City ordinance that fine is$50. 16 17 Stepping forward with Lori Jacob was her father, William Bishop. In response to the statements made 18 by Captain Farmer, Jacob said she had no idea when the chain was placed around the dog's neck it 19 was going to injure the animal. She stated that she had him on leashes and many times before, the 20 police had been called because he had gotten loose. She admitted the dog should have been checked, 21 adding that she would never use the chain again. Bishop stated that the next door neighbor had 11 22 dogs and they were barking all the time and she was the one who called the police.Jacob stated that 23 she and the neighbor were always feuding, noting that it is an ongoing thing. 24 25 President Goodwin said assuming the animal would be returned, what provisions would be made by 26 Jacob.She responded that the dog would never have a chain wrapped around his neck again.She also 27 stated that someone was going to give her a kennel and dog house but they changed their minds a few 28 days ago.Jacob said she would keep the dog inside until she could get a proper set up outside. 29 30 President Goodwin said there are costs'of about$74 for the veterinarian bill and housing at the animal 31 welfare league would be approximately$30. Rabe stated that should the Board decide to return the dog 32 to Jacob, it is at their discretion that the animal may be returned conditional. upon reasonable 33 requirements, which in this case is a'kennel or collar and the payment of the outstanding costs. Henry 34 asked Captain Farmer if there was any indication as to how long the wound had been there. He 35 answered that the type of chain the animal had on was not like a log chain but had braided links on the 36 end and what would cut in a lot faster. He said there was really no way to determine how long it had 37 been that way. He added that seeing the animal's general condition gave no appearance of neglect, he 38 felt the Police,Department would not oppose the return of the animal under the proper conditions. 39 40 Metzger asked Captain Farmer what he would recommend, and Captain Farmer said there is no fence 41 that could stop this dog if he was not on a chain or leash. He said Jacob would need to have 42 professionally manufactured restraint equipment like a`collar. He added that a six-foot high kennel 43 would be an ideal situation.Captain Farmer said a good leather collar is what is needed. 44 45 President Goodwin asked Jacob how long it would be before she would have'a kennel or a dog run if 46 her dog was returned. She answered that she would have to save money to buy a used one and.would 47 have to have time to do that, guessing that it would take about 3 to 5 months. She said the dog would 48 be staying in the house if the Board returned'him to'her and she would have the kids take him out on a 49 leash. Captain Farmer estimated the cost of a new kennel to be about$150. President Goodwin asked 50 Jacob if she thought she could have.•that amount saved by the end of.February and she said she could. 51 52 Metzger asked Jacob if she would be able to pay the veterinarian's bill and the bill from the shelter as 53 well as the citation fine of$50.Captain.Farmer said he felt it was most important to take care of the bills 54 from the shelter and the veterinarian. Rabe said the code violation can be waived through the City 55 Attorney's office if the Board sees fit to do that., He added that the purpose of this is to'achieve 56 something safe for the dog and the neighbors and that fine can possibly be held in abeyance until the 57 kennel is purchased. Rabe recommended the motion be specific and put in the form of a contract. 58 President Goodwin moved that the dog be returned upon payment of both bills and that the fine be 59 waived upon a showing at the end of February that the arrangement for a dog kennel has been taken 60 care of, second by Metzger and the motion was carried•on a unanimous voice vote.:Captain Farmer 61 said he would authorize the,release.of the dog and the agreement would be signed by all parties. 62 63 ADJOURNMENT • 64 65 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, President ATTEST: Norma Schroeder, City Clerk