HomeMy Public PortalAbout08-27-1992 BOARD OF PUBLIC WORKS AND SAFETY OF THE
CITY OF RICHMOND, INDIANA.
AUGUST 27. 1992
1 The Board of Public Works and Safety of the City of Richmond, Indiana, met in regular session on Thursday,
2 August 27, 1992 in said City. Thomas Milligan presided with Earnest Jarvis and Dennis Grimes in attendance.
3 The following business was had to-wit:
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5 APPROVAL OF MINUTES OFAUGUST 20.1992
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7 The minutes of the previous meeting were approved on a motion by Jarvis, second by Grimes and carried by a
8 unanimous voice vote.
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10 APPROVAL OF CLAIMS FOR PAYMENT
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12 Claims submitted by the City Controller for payment included $40,476.41 for supplies, contractual services,
13 postage and traveling, and $433,436.03 for payroll and payroll taxes. Grimes made a motion to approve the
14 claims for payment,second by Jarvis and carried on a unanimous voice vote.
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16 REQUESTS
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18 A. A request by Antonio Pettus asking for the closing of North 13th Street between G and H Streets on
19 September 6, 1992, was denied on a motion by Jarvis, second by Grimes and carried by a unanimous
20 voice vote.Jarvis reported that the Traffic Division advised that the street had been vacated some time
21 ago and there are no street lights which caused concern for the safety of pedestrians as well as drivers.
22 At the suggestion of the Traffic Division, Jarvis recommended Pettus contact Townsend Center which
23 is near the area to see if the dance could be held in its parking lot. Chairman Milligan directed the City
24 Clerk to notify Pettus of the denial by letter and pass along the suggestion to relocate the dance.
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26 B. In a letter read by Grimes, residents of Locust Drive requested a sign be placed in the area of U.S.
27 27 North and Locust Drive notifying motorists that there is no outlet on Locust Drive. The request was
28 brought about by concern of increased traffic due to the construction of the Burger King restaurant.
29 Traffic Division had no objections to a "No Outlet" sign being placed in the area. Ernie Carson of 828
30 Locust Drive made a drawing of the area in question suggesting the sign be placed west of the Burger
31 King entrance. Carson said there are about 20 properties on Locust Drive and three on Holly Lane
32 which has no street sign but is on the City's street map. Jarvis made a motion to approve the request
33 for installation of proper signage in the Locust Drive/Holly Lane area to control the influx of traffic
34 brought about by construction of the new commercial building on U.S. 27, second by Grimes and
35 carried by a unanimous voice vote.
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37 C. Grimes read a request from the Richmond Fire Department for the Board's approval of its
38 participation in the Muscular Dystrophy Asociation Fill the Boot Drive September 5, 6 and 7 at the
39 following locations: Pizza Hut entrance at East Main Gateway Mall, entrance to Kmart East, Gateway
40 Mall at the entrance from Garwood Road, Wal Mart Location A, Kroger Save On at entrance from East
41 Main, Richmond Square Mall, Kmart West at main entrance and County Market at Main entrance.
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43 Firefighter Jerry Purcell, chairman of the campaign, said this had been an annual event for more than
44 20 years and assured the Board that moving traffic would not be stopped. Chief Sticco explained that
45 the Fill the Boot drive had replaced the porch light drive over the past 10 years. He added that the
46 trucks stay in service and make calls from the lots.All locations are on private lots which takes it out of
47 the jurisdiction of the Police Traffic Division. Jarvis made the motion for approval, second by Grimes
48 and carried by a unanimous voice vote.
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50 D. Jarvis read a request from Lara Shank, the 1992 homecoming chairperson at Richmond High
51 School, requesting approval of the parade route for the RHS homecoming parade starting at 6:30 p.m.
52 Thursday, September 17, from North West 13th Street traveling east on Main Street and ending at the
53 high school. A police escort was also requested and granted through the Traffic Division.Jarvis made
54 a motion for approval,second by Grimes and carried by a unanimous voice vote.
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56 E. In a second letter submitted by Shank, the use of the stand-by aerial fire truck for the parade was
57 requested. Chief James Sticco explained that the truck was in the garage for repairs but if it is repaired
58 by that time he had no objections to it being used. He added that if there are to be riders on the truck all
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would have to sign waivers. He also requested that, in the future, those wishing to use fire apparatus
contact him initially and he would bring the matter to the Board for its approval.Jarvis made a motion to
61 approve the request,second by Grimes and carried by a unanimous voice vote.
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63 F. A request submitted by Sgt. Janice Passmore of the Traffic Safety Division called attention to
64 Courteous Driving Day to be observed Friday, September 4. In the request all motorists are asked to
65 leave their headlights on giving visible indication of their awareness of the need for courteous and safe
driving practices.
Board of Works Minutes Cont'd
August 27, 1992
Page 2
1 Some of the suggestions to motorists included: Wear safety belts, observe all traffic laws and
2 regulations, always signal turns and lane changes, always yield the right-of-way and allow other
3 motorists to merge safely into traffic. McDonald's will participate in the day's activities by giving
4 certificates for free cheeseburgers so they may be awarded by officers stopping courteous drivers.
5 Grimes made the motion to approve the special event, second by Jarvis and carried by a unanimous
6 voice vote. Chairman Milligan directed the City Clerk to approach the mayor asking him to issue a
7 .proclamation for the special day and to circulate a memo to the heads of all city departments asking for
8 their participation.
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10 CONTRACTS
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12 A. Two invoices for work completed by SIECO, Inc. were brought before the Board by Jarvis.The first
13 was for$10,874.58 for construction engineering services on the Industries Road and Williamsburg Pike
14 project.The second,for$3,968.09 was for professional engineering services in the update and revision
15 of design plans for the extension of Industries Road to U.S. 27. Jarvis made a motion to approve the
16 invoices,second by Grimes and carried by a unanimous voice vote.
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18 B. Recommendations for the 1992 Phase II street paving were considered by the Board. The bid from
19 Barrett Paving was for$74,999.25 and the bid from Contractors United was for$75,974.25, a difference
20 of $975.60. Noting that the No. 12 surface constitutes a major portion of the bid, Grimes said after
21 reviewing the bids, Bill Smith, manager of the Street Division, and Vicki Stevens, Purchasing Manager,
22 recommended the contract be awarded to Barrett Paving as the lowest and responsive bidder. Grimes
23 made a motion to award the contract to Barrett Paving, second by Jarvis and carried by a unanimous
24 voice vote.
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26 Jarvis commented that Barrett Paving is doing the paving work at this time and has completed work on
27 South West 18th Street. He said he had had telephone calls from citizens who noticed that after the
28 paving is completed a two-inch lip is being left next to the curbs. The alternative,Jarvis explained, is to
29 go up further and cover the curbs.That has been done in the past and creates problems causing storm
30 water to overflow the curbs.
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32 CURB CUT-DRIVEWAY PETITION
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34 The curb cut/driveway petition submitted by LoBill Foods at its construction site at 990 Chester
35 Boulevard was approved through a motion by Jarvis, second by Grimes and carried by a unanimous
36 voice vote. Before making the motion Jarvis explained that the original request had been denied
37 because it was too close to Chester Boulevard. This request, he said, is actually a curb cut onto a city
38 alley.
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40 HEARINGS
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42 Grimes excused himself from the Board for the next item of business due to his abdsence at the August
43 20th meeting. Milligan explained that the Board had considered the evidence in the vicious dog hearing
44 for William Hengstler which took place at the August 20 meeting. He noted that it involved the matter of
45 the alleged violation of the provisions of Article 91.17 regarding dangerous and vicious dogs.
46 Hengstler's pit bull dog, Bandit, had been determined to be a vicious dog last year by the Richmond
47 Police Department and the determination was confirmed upon appeal to the Board of Works. For
48 Hengstler to continue to have the dog in the city, Milligan said, compliance with the ordinance was
49 required. Evidence last week showed Hengstler to be in violation of compliance requirements. Milligan
50 read from Article 91.17: "The dog may not go outside its kennel or pen unless the dog is securely
51 leashed with a leash no longer than four feet in length; the dog may not be kept on a chain, rope or
52 other type of leash outside its kennel or pen unless a person is in physical control of the leash; a
53 dangerous or vicious dog on a leash outside the dog's kennel shall be muzzled by a muzzling device
54 sufficient to prevent the dog from biting persons or other animals."
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56 Milligan said points brought out in the hearing were: The leash was more than four feet and the dog
57 was not muzzled, which meant those two requirements were violated. Jarvis noted that another
58 requirement, that the dog wear a yellow collar at all times, was also violated. Milligan said Hengstler
59 clearly had failed to comply with the requirements of the ordinance. Jarvis also noted that Hengstler
60 was in violation of another requirement since he had failed to advise the police department of his
61 change of address. Milligan reminded those in attendance that the question was whether or not
62 Hengstler had complied with the ordinance requirements.
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Board of Works Minutes Cont'd
August 27, 1992
Page 3
1 Milligan noted the three sanctions which the Board could impose. It could order the dog impounded until
2 the owner meets the requirements of the ordinance,order the dog sterilized or order the dog destroyed.
3 He explained the the first sanction would not provide additional protection of the public since Hengstler
4 had not fulfilled the requirements of the ordinance, and, as a practical matter, having the dog sterilized
5 was not the question in this case. He said it boils down to the issue as to whether or not the dog is
6 going to be destroyed, noting that this was a difficult case because it involves and owner's pet but as a
7 practical matter this Board is a Board of Public Safety and has to consider the interests of the public. He
8 added that a police officer had been bitten by the dog and it presented a potential hazard to others in
9 the community.
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11 Milligan stated the chair would entertain a motion that findings of fact were the dog was not muzzled,
12 was not restrained by a leash four feet in length, did not display the required yellow collar, and bit a
13 police officer.Jarvis so moved, the chair seconded and the motion was unanimously passed.
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15 Jarvis made the motion to order Bandit destroyed and that the Board will pick up the impoundment
16 costs beyond the initial four days provided in the contract as well as the cost of the destruction of the
17 dog.The chair recognized its own second and the motion was carried by unanimous voice vote.
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19 Hengstler said he wanted to appeal the Board's decision. Milligan advised him that no appeal was
20 provided in the ordinance and it is the Board's order that the dog be destroyed forthwith. He directed the
21 City Clerk to advise the shelter of the Board's decision.
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23 OTHER MATTERS
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25 Since the bid from Oberle & Associates in the amount of $59,800 was responsive to the specifications
26 and was the only bid received for the office area bus storage building on the central garage site, Grimes
27 made the motion to accept the bid,second by Jarvis and carried by a unanimous voice vote.
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29 PUBLIC COMMENTS
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31 Captain Danny McClure informed the Board that a traffic signal was being installed at Elmhurst Drive
32 and West Eaton Pike.
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34 He also noted that with the beginning of school,the Traffic Division was enforcing the restricted parking
35 in the high school area. He said 56 parking violations were written on the first day, adding that he hoped
36 that it would encourage the students to park in the City parking lot across from the high school.
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38 ADJOURNMENT
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40 There being no further business,on a motion duly made,seconded and passed the meeting was adjourned.
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47 Thomas Milligan, Chairman
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50 ATTEST:
51 Norma Carnes, City Clerk
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