HomeMy Public PortalAbout08-20-1992 >'1
BOARD OF PUBLIC WORKS AND SAFETY OF THE
CITY OF RICHMOND, INDIANA, AUGUST 20, 1992
1 The Board of Public Works and Safety of the City of Richmond, Indiana, met at 9 a.m. Thursday, August 20,
2 1992, in the Municipal Building in said City. Thomas Milligan presided with Earnest Jarvis in attendance. Dennis
3 Grimes was absent.The following business was had to-wit:
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5 APPROVAL OF MINUTES OF AUGUST 13.1992
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7 The minutes of the previous meeting were approved through a motion by Jarvis, Milligan recognizing the chair's
8 own second, and carried by a unanimous voice vote.
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10 CLAIMS FOR PAYMENT
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12 In the absence of Grimes, Milligan read the claims to be approved which included major items such as medical
13 insurance and payroll totaling $450,210.01, and a claim for$7,412.50 from Star Bank for payment of interest on
14 Sanitary District bonds. The claims were accepted through a motion made by Jarvis, the chair recognizing its
15 own second and carried by a unanimous voice vote.
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17 REQUESTS
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19 A. In a letter read by Jarvis, Antonio Pettus of Divalle Records, asked the Board's approval of a street
20 dance to be held from 7 p.m.to midnight Saturday, September 6, on North 13th Street between G and
21 H Streets. Jarvis recommended the letter be forwarded to Captain Danny McClure of the Traffic
22 Division of the Richmond Police Department. Milligan directed the City Clerk to notify Pettus by letter
23 that his presence is requested at the Board's next meeting on August 27 in view of the fact that the
24 activity requested would be five hours in length and take place on City property.
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26 B.Jarvis read a letter received from Gary Collins, an employee of the Sanitary District,asking that high
27 water signs be posted on North West L Street approaching North West 20th from both directions. After
28 noting that the request had received the approval of the Traffic Division,Jarvis recommended through a
29 motion that the Board authorize the installation of the signs by the Street Division.The chair recognized
30 its own second and the motion was carried by a unanimous voice vote.
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32 C. A letter asking for the Board's lifting of the noise ordinance to permit two events to take place during
33 Student Week at Earlham College was read by Jarvis. Both events will begin at 10 p.m. with the first
34 scheduled to take place September 5 with a performance by a blue grass band and the second on
35 September 7 when music will be provided by a disc jockey for a dance. Jarvis made a motion to
36 authorize both events,the chair recognized its own second and the motion was carried by a unanimous
37 voice vote.
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39 D. Handicapped parking requests submitted on behalf of Robin Frost at 1215 North D Street, First
40 Presbyterian Church at 100 North 10th'Street and Kathryn Brown at 2016 Grand Boulevard were
41 approved through a motion made by Jarvis, the chair recognizing its own second and carried by a
42 unanimous voice vote.
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44 CONTRACTS
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46 A. The Board, acting as agent for Star Bank, Trustee of bond proceeds of the Redevelopment
47 Authority, authorized payment on the T.I.F. bond issues from Star Bank for administrative fees of
48 $903.95 on the Industries Road project for 1990, $699.11 for the Industries Road and Dana Parkway
49 project for 1991 and to Barrett Paving a total of$88,731.24 for work completed on Dana Parkway which
50 represents 52 percent of the project.Jarvis made the motion, with the chair recognizing its own second
51 and carried by a unanimous voice vote.
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53 HEARINGS
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55 Milligan explained that the Board would conduct two hearings under the provisions of the City
56 Ordinance relating to vicious dogs. The first involved William Hengstler and his pit bull named Bandit,
57 determined last year to be a vicious dog, thereby requiring the owner to comply with the terms of the
58 ordinance relating to vicious dogs.
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60 The second hearing involved Mr. and Mrs. Todd Vitatoe and their pit bull, Tess. The couple was
61 appealing the vicious dog determination by the Richmond Police Department after the dog had been
62 involved in two incidents where it had caused injury to other dogs and humans.
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64 Milligan noted that the Board was sitting as a hearing board under the terms of the city ordinance.
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Board of Works Minutes Cont'd
August 20, 1992
Page 2
1 Neither Hengstler nor the Vitatoes were present and Milligan directed the City Clerk to show in the
2 record that both had been contacted and advised the hearings had been scheduled for this date.As the
3 Board heard testimony, however,both parties appeared. -
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5 Milligan read Article 91.17 of the Richmond Code explaining the definition of a dangerous or vicious
6 dog.
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8 The Board listened to testimony given by Officers David Glover, John Lackey and Melody Truitt relating
9 the incident occurring July 19, 1992 in the 1000 block of South C Street involving Hengstler and his pit
10 bull, Bandit. On this occasion, Hengstler was noticeably injured when the officers arrived on the scene
11 but he refused to release the dog which was on a twelve-foot log chain, unmuzzled and not displaying a
12 yellow collar.
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14 While attempting to get the dog away from Hengstler so as to allow medical treatment for Hengstler's
15 head wound, which was bleeding profusely, Officer Truitt was bitten in the stomach by the dog.
16 Hengstler finally crawled to his house, put the dog inside and was taken to the hospital. Noticing that
17 only a screen separated the dog from the outside, officers secured a search warrant, enabling them to
18 take the dog from the home and place him at the HELP the Animals Shelter Inc. where he continues to
19 be held. Local veterinarian Carolyn Blakey, President of the shelter, testified that Bandit is basically a
20 - gentle dog and very friendly. She asked that the dog not be killed but that an appropriate home be
21 sought for the dog.
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23 Hengstler cross-examined each officer and stated his case to the Board. Milligan said the Board would
24 announce its decision at the next meeting August 27.
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26 The Board heard testimony in the Vitatoe case from Animal Control Officer Doyle Nichols, Officer Dave
27 King, Dr. Carolyn Blakey and the Vitatoes. Nichols testified that on July 26, 1992, the Vitatoe's pit bull,
28 Tess, went into the home of Glenna Reffitt at 415 South 10th Street and took her five-month old Poodle
29 outside where Mike Basso captured the pit bull'and rescued the poodle who was injured. The dog was
30 taken to the shelter then quarantined at the Vitatoe residence. Fifteen days later on August 9,the same
31 pit bull went into the yard of Tim Beavers at 404 South 9th Street attacking his chow as well as
32 Beavers. The dog, at the time of the hearing, remained at the shelter where attendants were frightened
33 of her and she was difficult to handle according to testimony given by Dr. Carolyn Blakey who stated
34 that she felt the dog should be declared a vicious dog.
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36 Mr. and Mrs. Vitatoe cross-examined the officers and Dr. Blakey and stated their case to the Board.
37
38 Tf he Board discussed the ordinance and the testimony._Jarvis moved that the appeal of the Police
39 Department's determination that Tess was a dangerous and vicious dog be denied. The chair
40 recognized its own second and the motion was unanimously passed.
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42 Milligan explained that the Vitatoes must comply with the vicious dog ordinance, and that Tess shall
43 remain at the shelter until the owners do so. Milligan told the Vitatoes if they didn't understand the law
44 they were to ask the animal control officer or the Department of Law for clarification. Mrs. Vitatoe said
45 she had a copy of the ordinance and she understood what was required.
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47 OTHER MATTERS
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49 Jarvis acknowledged the report submitted by Wayne Jackson, chief of Fire Prevention with the
50 Richmond Fire Department, noting activities during the month of July.
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52 ADJOURNMENT
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54 There being no further business,on a motion duly made,seconded and passed,the meeting was adjourned.
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62 Thomas Milligan, Chairman
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ATTEST:
Norma Carnes, City Clerk