Loading...
HomeMy Public PortalAbout02-21-1991 / BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND. INDIANA. FEBRUARY 21. 1991 1 The Board of Public Works and Safety of the City of Richmond, Indiana, met in regular session February 21, 2 1991, at the hour of 9:00 A.M. in the Municipal Building in said City. Ms. Hauptstueck presided with Ms. 3 McFarland and Mr. Smith in attendance. Absent: None. Media in attendance: Palladium Item and WKBV. 4 The following business was had to-wit: 5 6 APPROVAL OF MINUTES OF FEBRUARY 14.1990 7 8 Ms. McFarland moved to approve the minutes of the previous meeting as prepared, seconded by Mr. Smith and 9 on unanimous voice vote the motion was carried. 10 11 APPROVAL OF CLAIMS FOR PAYMENT 12 13 Mr. Smith moved to approve claims for payment in the amount of 224,715.19, seconded by Ms. McFarland and 14 on unanimous voice vote the motion was carried. 15 16 PUBLIC REQUESTS AND COMMENT 17 18 Reserved Residential Handicapped Parking Requests 19 20 309 South 18th Street-New 21 1228 South 8th Street-Renewal 22 307 North 17th Street-Renewal 23 24 Lt. Randy Kolentus informed the Board that the new request at 309 South 18th Street did meet the guidelines 25 and he recommended approval and the locations for renewals of reserved residential handicapped parking still 26 met the guidelines and he also recommended approval of the renewals. 27 28 Ms. McFarland moved to approve a reserved residential handicapped parking space at 309 South 18th Street 29 and the renewal of handicapped parking spaces at 1228 South 8th Street, and 307 North 17th Street, seconded 30 by Mr. Smith and on unanimous voice vote the motion was carried. 31 32 Hearing on Impoundment of Animals Pursuant to Amended Ordinance No.4-1990 33 34 Ms. Hauptstueck opened a hearing to determine the disposition of animals owned by David and Andrea Hale 35 that had been impounded for alleged neglect. 36 37 Ms. Hauptstueck requested Officer Glover to update the Board on the circumstances of the impoundment. 38 39 Officer Glover told the Board that on February 11, 1991 he was dispatched to 1918 East Main Street on a report 40 of two dogs dead at this address. When Officer Glover arrived, he stated that he found one (1) dead puppy in 41 the yard and the mother and several other puppies in the yard. Officer Glover said the food and water that was 42 available for the animals was frozen and there was no one at home at the residence and he was informed no 43 one had been there for the past three days. Officer Glover shared photographs of the animals and the 44 conditions with the Board. 45 46 Officer Glover told the Board that he was in a cruiser because the animal control vehicle was not operable and 47 was unable to pick the animals up at this time. He said he returned on February 12, 1991 to take the animals to 48 the shelter and while he was picking up the animals, Mr. David Hale appeared and stated that he was the owner. 49 50 Officer Glover stated that Mr. Pete Wasson observed the conditions of the animals as did two second shift 51 officers that were there on February 11, 1991. Officer Glover presented the Board his written report and a 52 written statement from Mr.Wasson. 53 54 Ms. Hauptstueck asked who the complainant was and Officer Glover said it was a neighbor. 55 56 Mr. Bruce Metzger asked if conditions had changed from the 11th to the 12th and Officer Glover said they had 57 not that the animals were still outside and the food and water available were still frozen. 58 59 Mr. Metzger asked about the weather conditions and Officer Glover said it was chilly and there was only one dog 60 house available to shelter the mother and all the pups. 61 62 Mr. Smith asked for clarification on the food and water and Officer Glover stated that the water was frozen and 63 the pups were unable to drink. 64 65 Ms. McFarland asked if the shelter checked out the conditions of the animals and Officer Glover said one of the pups had become sick,but all have since been wormed and were doing well. Board of Works Minutes Cont'd February 21, 1991 Page 2 1 Ms. McFarland asked if prior complaints had been received and Officer Glover said that none had been received 2 prior to this one. 3 4 Mr. Pete Wasson informed the Board that he would be glad to answer any questions the Board might have and 5 clarified that he was not working as a reporter with the Palladium Item the particular day he observed the 6 incident. 7 8 Ms. Hauptstueck asked Officer Glover what his recommendation would be regarding the animals and Officer 9 Glover recommended the animals remain impounded and not returned to the owner. 10 11 Mr. David Hale, 1918 East Main, owner of the animals,told the Board the pups were seven weeks old and they 12 were prepared to worm them and had purchased the medicine. Mr. Hale said he and his family had gone on 13 vacation and made arrangements for his sister to care for the animals. He said in extremely cold weather the 14 animals were brought into the house. Mr. Hale told the Board the dog house provided for the animals was large 15 and fully insulated. 16 17 Mr. Hale stated that the neighbor complaining, Mr. Steve King, had admitted to him that he turned in the 18 complaint because he wanted the Hale's to get rid of the animals. Mr. Hale said the mother dog had been the 19 family pet for 2 and 1/2 years. Mr. Hale added that Mr. King had also agreed to help with the animals, but he 20 had the wrong key to the house, but had accessed the house through a window to get food and water. Mr. Hale 21 assured the Board that they loved their animals and would not neglect them. He asked the Board that the 22 animals be returned. 23 24 Mr. Smith asked what Mr. Hale intended to do with the pups and Mr. Hale told the Board that he was waiting on 25 Mr. King to give him information on someone interested in some of the pups and he had intended to take the rest 26 to the shelter for them to find homes and to have the mother dog spayed. 27 28 Ms. McFarland asked if he intended to sell the pups and Mr. Hale said he would give them away. 29 30 Ms. Hauptstueck asked how long the Hale's had been gone on vacation and Mr. Hale said they had left on 31 February 10, 1991 and returned around 1:30 AM on the 12th and were then preparing to leave again that day. 32 33 Ms. Hauptstueck asked for clarification on who was responsible for the care of the animals while they were gone 34 and Mr. Hale said his sister and the neighbor. 35 36 Mr. Metzger asked Mr. Hale why he did not do anything with the animals from the time they returned home at 37 1:30 AM to 10:30 AM when Officer Glover arrived and Mr. Hale said they had checked and there was food and 38 water available and the water was not frozen. 39 40 Ms. Hauptstueck asked if Mr. Hale had noticed the dead pup and Mr. Hale said it was dark and he did not see 41 the animal. 42 43 Mr. Metzger asked Officer Glover about the condition of the food and water on February 12th and Officer Glover 44 said it was in the same condition as on the 11th, when he first responded, except one of the paper plates had 45 been tipped over. 46 47 Mrs. Hale told the Board that another neighbor had informed her that they had also given the dogs scraps when 48 the Hales were gone. 49 50 Ms. Rhonda Hale, sister of Mr. David Hale, told the Board that she did check on the animals two times on 51 Monday and they did have food and water. 52 53 Mr. Hale said they fed and watered the animals on Sunday before they left and his sister fed them on Monday. 54 55 Ms. McFarland asked what had caused the death of the pup and Officer Glover said he was not certain,but felt it 56 was exposure. 57 58 Ms. McFarland asked about the conditions of the other puppies and Officer Glover said they did not look 59 neglected. 60 61 Ms. Rhonda Hale told the Board she had never seen her brother or his family neglect their animals and the 62 children adored their pets. 63 64 Mr.Gary Rose, a friend and employee of Mr. Hale, also verified that he had never seen any neglect of the dogs. 65 /6. 6 Board of Works cont'd February 21, 1991 Page 3 1 Ms. Hauptstueck asked how long the pup had been dead and Officer Glover told the Board the animal was 2 frozen solid when he arrived at 4:10 PM on February 11, 1991. 3 4 Mr. Pete Wasson told the Board that he witnessed two paper plates of canned food frozen solid on Monday and 5 on Tuesday the 12th one was flipped over, but still frozen. He said the female dog was chained to a downspout 6 and could not have reached the pup that was dead. Mr. Wasson added that the female dog was up next to the 7 house and was shivering. 8 9 Mr. Hale informed the Board that he did not care about the pups,but did want the mother dog returned. 10 11 Ms. Hauptstueck asked Ms. Rhonda Hale about feeding the animals and Ms. Hale said she had changed their 12 food before 4:00 PM on Monday the 11th. 13 14 Mr. Hale clarified that he had not meant to say that they did not care about the pups, but the female had been 15 their kid's pet for 2 and 1/2 years. He said it was their intent to take the pups to the shelter when they returned 16 from vacation. 17 18 Mr.Smith commented that from the photographs,the dog house looked like a good one and he did see food and 19 water. 20 21 Mr. Hale told the Board that he was not disputing Officer Glover, but that food could have been placed on top of 22 that frozen and immediately eaten. 23 24 Mr. Pete Wasson verified to the Board that by 4:30 PM on the 11th, the dead puppy was frozen solid. He said 25 he did not believe it could have frozen that quickly. 26 27 Mr. Hale commented that the pups did wander around the yard, but had always gotten back to the dog house. 28 He stated again that they did not neglect their animals. 29 30 Ms. Hauptstueck commented that the Board had received a lot of materials they need to read and give 31 consideration and asked about a recess to allow time. 32 33 Ms. McFarland agreed that she would like some time to look at the material received and did not feel good about 34 making a decision until she had reviewed this material. 35 36 Mr. Metzger said the Board could recess and review the materials, but could not discuss the matter while in 37 recess. 38 39 Ms. McFarland moved to recess the regular February 21, 1991 meeting of the Board of Public Works and Safety 40 to 10:00 AM,seconded by Mr. Smith and on unanimous voice vote the motion was carried. 41 42 RECONVENE OF BOARD OF PUBLIC WORKS AND SAFETY 43 44 Ms. Hauptstueck reconvened the regular meeting of the Board of Public Works and Safety at 10:00 AM on 45 February 21, 1991. 46 47 Ms. Hauptstueck stated that during the recess she had contacted Dr. Carolyn Blakey, of Help the Animals 48 Shelter,to ask about the dead puppy. Dr. Blakey had informed Ms. Hauptstueck that dependent on the weather 49 the pup could have frozen solid within two hours. Dr. Blakey had said that the pup would not have frozen if it 50 had been able to get to the mother and probably the pup was already sick and could not get back to the mother. 51 52 Ms. Hauptstueck said that Dr. Blakey said the mother dog was also a little thin, but that could have been due to 53 nursing pups. 54 55 Ms. Hauptstueck said she was troubled by the fact there was a dead pup left after the Hales had returned home 56 and the food and water had not been changed prior to the arrival of Officer Glover. Ms. Hauptstueck said she 57 felt it was poor judgment leaving the animals out in the cold weather and they should have been put inside. She 58 said she would like to terminate all rights to the pups and allow the mother to be returned with certain conditions 59 including the mother be spayed and any additional conditions set by Officer Glover. 60 61 Ms. Hauptstueck asked if the yard was fenced and Mr. Hale said not all the way and they did plan to spay the 62 mother dog and make her a house pet. 63 64 Ms. McFarland asked for clarification on the responsibility of the Board pursuant to the Ordinance . 65 LI Board of Works February 21, 1991 Page 4 1 Mr. Metzger informed the Board it was their responsibility to determine if the animals should remain impounded 2 until such time as the Courts make a determination on the neglect charges he would be filing against the Hales. 3 He said if the Court find them guilty then the Court or the Board can determine final disposition of the animals 4 and they can be ordered returned if there is no probable cause. Mr. Metzger said if the Board finds probable 5 cause they can order the animals remain impounded or could order their return and can set conditions for their 6 return. Mr. Metzger said the Board could not terminate ownership of the animals until the Court case is over and -7 if would probably be 60 days before the Court would make a determination on the neglect. 8 9 Ms. Hauptstueck asked if the Board could order the pups continue to be impounded and the mother be returned 10 with certain conditions and Mr. Metzger said they could. 11 12 Ms. Hauptstueck said she felt it hard to treat the mother and pups as two separate issues and she felt the pups 13 were definitely neglected. 14 15 Mr. Smith asked why didn't Officer Glover make immediate arrangements for the animals on February 11, 1991 i1 16 he felt the conditions were that bad and they had no access to food and water. He said he also felt the pups 17 were neglected. 18 19 Ms. Hauptstueck said there were also classes available through the HELP shelter for care of animals that could 20 be a condition of the mother being returned. 21 22 Mr. Smith-made a motion that the pups remain impounded and the mother be released after having been spayed 23 and all shelter fees paid by the Hales. 24 25 Ms. Hauptstueck asked the motion be amended to include periodic inspections by the Police and cooperation in 26 these inspections by the Hales after the return of the mother animal. 27 28 Ms. Hauptstueck asked if the mother had been properly immunized and Mr. Hale said she was immunized when 29 she was a pup. 30 31 Ms. Hauptstueck informed Mr. Hale that the animal needed to immunized annually and be licensed by the City 32 and asked this be included in Mr.Smith's motion. 33 34 The motion, after amended, read that the pups will remain impounded until determination by the Court,with the 35 mother to be released to the Hales after having been spayed and receiving proper immunization and licenses 36 and all shelter fees paid by the Hales and for periodic inspections of the conditions of the animal to be made by 37 the Police Department with full cooperation of the Hales. Ms. McFarland seconded the motion and on 38 unanimous voice vote the motion as amended was carried. 39 40 Ms. McFarland asked that Officer Glover meet with the Hales to explained what needs to be done. 41 42 TABLED ITEMS 43 44 None were presented. 45 46 DEPARTMENT REQUESTS AND COMMENTS 47 48 None were presented. 49 50 ADJOURNMENT 51 52 There being no further business,on a motion duly made, seconded and passed the meeting was adjourned. 53 54 55 56 57 58 Carrie N. Hauptstueck, President 59 60 61 62 ATTEST: 63 Mary Merchanthouse, City Clerk 64 65