HomeMy Public PortalAbout09-10-1992 V /t
BOARD OF PUBLIC WORKS AND SAFETY OF THE
CITY OF RICHMOND, INDIANA.
SEPTEMBER 10, 1992
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1 The Board of Public Works and Safety of the City of Richmond, Indiana, met in regular session on Thursday,
2 September 10, 1992 in said City. Thomas Milligan presided with Earnest Jarvis and Dennis Grimes in
3 attendance.The following business was had to-wit:
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6 APPROVAL OF MINUTES OF SEPTEMBER 3,1992
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8 The minutes of the previous meeting were held until the Board members could study them.
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10 APPROVAL OF CLAIMS FOR PAYMENT
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12 Claims submitted by the City Controller for payment were in the amount of $435,387.69 which included
13 $34,327.65 for state income tax payment for payroll to Star Bank;$33,725.68 and$11,212.79 for federal income
14 tax withholding; and payment of $14,157.35 to DeLucio & Sons for work done at the central garage complex.
15 Another large claim was submitted in the amount of $297,557.15 which included $165,890.08 payable to the
16 City of Richmond deposited in Bank One to cover the net payroll. Several smaller claims included $3,000 as a
17 death benefit from the police pension fund to Lori Maples, the widow of Larry Maples and a check for $532
18 payable to Carolyn's Interiors for drapes in the renovation project of Charles House in Glen Miller Park. That
19 money is paid out of the $9,250 allocated for the Charles House out of the Build Indiana Funds which totaled
20 $200,000.
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23 REQUESTS
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25 A.Jarvis excused himself during the Board's action on the handicapped parking space request made in
26 the name of Lola Goeke at 161 S.W. 18th Street, stating that the Goekes were personal friends of his.
27 Grimes read the request and the review of the Traffic Safety Division which reported that there is a
28 garage at the rear of the property and did not meet the guidelines of the ordinance. John Goeke was
29 advised,therefore,to request the Board that he wanted the parking space for convenience because his
30 wife has several physical problems. He said the garage door is sealed and he has never used the
31 garage for his car since moving to that address in 1954.
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33 Grimes made a motion to deny the request because it did not meet the guidelines of the ordinance,the
34 chair recognized its own second and the motion was carried by a unanimous voice vote.
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36 B.Jarvis rejoined the Board to read a request from Lucille Beisner asking for a 100-foot portion of the
37 curb west of the FIND Center at 220 S. 5th St. to be painted yellow so that buses could load and
38 unload students. She said the Center is now the location of a Richmond Community Lab School where
39 80 students attend between the hours of 8 a.m. and 3:30 p.m.The Traffic Division had no objections to
40 the request.Jarvis questioned the need for the specified 100 feet and made the motion to approve the
41 request giving the Traffic Division the right to determine what the sufficient size should be, the chair
42 recognized its own second and the motion was carried by a unanimous voice vote.
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44 C. Jarvis read a letter from Michele Bottorff, director of the Wayne County Historical Museum, asking
45 for no parking signs on the north side of the 1100 block of North A Street, the west side of the 100
46 block of North 11th Street and the east side of the 100 block of North 12th Street for the upcoming
47 Pioneer Day between 11 a.m. and 5 p.m. on September 13. Jarvis moved to approve the request,
48 second by Grimes and carried by a unanimous voice vote.
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50 D. Grimes read a letter from Nancy Mulick, principal at Vaile School, asking permission to close South
51 13th and South 14th Streets to through traffic between the hours of 5 to 8 p.m. Friday, September 25th
52 during the Vaile Community Fall Festival which 300 people are expected to attend. The event is to
53 coincide with the Block Party weekend.Grimes read the Traffic Division's report after review of the area
54 in which it was stated that South 13th Street is a major route in the City and closing it would cause
55 traffic congestion and South 14th Street, although not as heavily traveled as South 13th, has a lot of
56 traffic and closing it would also create problems. The report further stated that both streets have Stop
57 signs at C and D streets which slows traffic. Sgt. Jackie Moody also advised that she will have officers
58 at the festival. Grimes made a motion to deny the request, second by Jarvis and carried by a
59 unanimous voice vote.
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61 Milligan added that although the request was denied, the Board did not discourage the activity and
62 wished them well in their endeavor. He asked City Clerk Norma Carnes to elaborate on the
63 neighborhood get-togethers. She explained that the weekend of Sept. 25-27 has been set aside as the
64 1992 Block Party Festival Weekend organized by the Quality of Life committee formed during the town
65 meetings sponsored by the Palladium-Item.
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Board of Works Minutes Cont'd
September 10, 1992
Page 2
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2 E. Jarvis read a request from Councilmember Sally Hutton asking for the Board's approval of blocking
3 South West 4th Street from C to D streets from 5 to 9 p.m. September 25 for the purpose of having a
4 block party. After reviewing the area the Traffic Division had no objections to the request according to
5 Sgt. Janice Passmore. Before making the motion to approve, Jarvis noted that Passmore would be
6 leaving the meeting to attend the funeral of Captain Larry Maples who died September 6 and would be
7 missed.Grimes seconded the motion and it was carried by a unanimous voice vote.
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9 CONTRACTS
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11 A. Milligan reported that in a meeting the day before with the Infill Housing Project task force, the bid
12 received at the Board's September 3 meeting submitted.by D&J Mobile Homes was reviewed. Since it
13 was$23,000 over the present amount of$300,000 that is budgeted it will be necessary to develop other
14 sources of funding.Grimes recommended to continue the bid under consideration until that funding can
15 be found and further recommendations received from the task force. Grimes made the motion to that
16 effect, second by Jarvis and carried by a unanimous voice vote.
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18 HEARING
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20 Milligan commented on the status of the matter of the pit bull dog named Tess belonging to Todd and
21 Melissa Vitatoe. Since the dog was determined by the Board three weeks ago to be a dangerous and
22 vicious dog the dog has been housed at the HELP the Animals, Inc. shelter where it continues to stay.
23 He said Melissa Vitatoe submitted proof of the required insurance policy to the law department office
24 and has had conversations with Jan Hibner in that office noting that she and her husband are in the
25 process of completing the building of the required dog pen on their property. Upon completion of the
26 dog pen, Milligan said, the Animal Control Officer, Doyle Nichols, will visit the site and report to the
27 Board. He will also advise the Board at that time whether the Vitatoes are complying with the other
28 requirements of the ordinance which include a four-foot lead for the dog, a yellow collar and a muzzle.
29 Milligan recommended the matter be continued for another two weeks giving the couple ample time to
30 comply with the requirements. Jarvis made the motion to approve the additional time, second by
31 Grimes and carried by a unanimous voice vote.
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33 Grimes commented on the newspaper articles which have appeared pertaining to the Board's dealing
34 with the vicious dog problem. He can't understand the outcry from the community about the issue and
35 why so many people have the dog's interest at heart. He referred to an article in the September 4 issue
36 of the Palladium-item in which was reported the death of a Cleveland, Ohio woman resulting from 60
37 some bites from the pit bull dog she owned but which turned on her.
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39 He questioned as to whether it will take a similar situation in which someone is maimed or killed to
40 make the citizens of Richmond recognize that there is a definite problem here and that it needs to be
41 dealt with in a manner that is fitting and according to the way it should be handled. He feels there is a
42 line to be drawn to protect those who live in this community, whether it be a police officer or children
43 and that a statement should be made and adhered to without enduring a fatality or serious injury.
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45 He suggested that those individuals rallying around the effort to be more compassionate toward vicious
46 dogs and who want to change the ordinance should think about these things before they even talk
47 about wanting to lighten the sentence. Jarvis agreed, adding that he was at the shelter to see that
48 Bandit, the pit bull dog owned by William Hengstler, was put to sleep as ordered by the Board when
49 the telephone call came from Judge Thomas Snow to stay the order.
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51 Milligan explained that he had discussed with prosecutor's office the two cases pending against
52 Hengstler. One, he said, is a traffic case but the other is a felony case for criminal recklessness
53 involving Bandit in Wayne Superior Court No. 1. Hengstler's attorney, David Puterbaugh, the public
54 defender, filed a motion on September 2 requesting Bandit be held for evidence resulting in Judge
55 Snow issuing the verbal order to stay the Board's order to destroy Bandit.
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57 A hearing has been scheduled for 3:30 p.m. October 29 regarding the motion to preserve evidence at
58 which time Judge Snow will determine whether or not it is necessary that the dog be preserved for
59 evidence. Milligan said this case resulted from an incident April 27, 1991, in which police responded to
60 a call that a fight was in progress at a residence and the combatants were using hammers on one
61 another. When the police got to the door, Bandit was released by Hengstler and charged through the
62 door, biting Officer Edwin Baker.The dog was shot and wounded as was a policeman by the discharge
63 of a firearm. As a result of that incident, Bandit was determined to be a dangerous and vicious dog
64 placing Hengstler under the terms of the ordinance to comply. A 1992 incident came before the Board
65 in terms of compliance and the sanction was imposed. The dog will be held at the shelter until after the
issue is resolved.
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Board of Works Minutes Cont'd
September 10, 1992
Page 3
1 OTHER MATTERS
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3 A. Milligan announced the designation of Saturday, October 31 as Trick Or Treat Night within the City
4 between the hours of 6 to 8 p.m. Jarvis moved to approve the motion, the chair recognized its own
5 second and the motion was carried by a unanimous voice vote.
6
7 B. Jarvis reported on the request made at the Board's September 3 meeting by John Whalen Jr. that
8 the 43 feet of yellow curbing on North A Street coming east from North 13th Street be shortened. He
9 said he asked the Traffic Division to check out the request and presented a drawing made of the area in
10 quesiton. He said the large beautiful trees there cause a.hindrance of view on North 13th Street if a
11 vehicle is heading south and that 43 feet is needed and recommended it be left in place. The report
12 further stated that the Traffic Division will not enforce the old yellow marks by the driveway, leaving the
13 remaining portion of the area in which to park. Jarvis made the motion to deny Whalen's request,
14 second by Grimes and carried by_a unanimous voice vote.
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16 Milligan directed the City Clerk to inform Whalen by letter of the action of the Board and ask him to
17 bring his parking tickets to the Clerk's office. The Law Department will not enforce the violations.
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19 C.Jarvis spoke briefly on the subject of city trees, noting that he had a report of a live city tree being cut
20 at the request of a homeowner. He reminded citizens that if they feel they have a tree that needs to
21 come out they should call the Street Division. If the tree is dead,the homeowner will be advised as to
22 how long it will take for the City to cut it down. If the homeowner wishes to expedite the process, he or
23 she can then hire a private tree service.
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25 Jarvis added that he may, in this case, have to go back to the homeowner and ask him to replace the
26 tree that was cut down. Milligan said homeowners' property rights only extend to the edge of the
27 sidewalk closest to their property. The area past that is known as street lawn and belongs to the City,
28 making those trees in that area assets of the City. If the homeowner feels something has to be done
29 with a street lawn tree, it is necessary to check with the Department of Public Works Street Division.
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31 ADJOURNMENT
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33 There being no further business,on a motion duly made,seconded and passed the meeting was adjourned.
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40 Thomas Milligan, Chairman
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43 ATTEST:
44 Norma Carnes, City Clerk
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