Loading...
HomeMy Public PortalAbout08-31-1989 BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND. INDIANA, AUGUST 31. 1989 1 The Board of Public Works and Safety of the City of Richmond, Indiana, met in regular session August 31, 2 1989 at the hour of 9:00 A.M. in the Municipal Building in said City. Ms. Hauptstueck presided with Ms. 3 McFarland in attendance. Absent: None. Media in attendance: WHON/WQLK, Palladium Item and 4 WKBV/WFMG. The following business was had to-wit: 5 6 APPROVAL OF MINUTES OF AUGUST 24.1989 7 - 8 Ms. McFarland moved to approve the minutes of the previous meeting, seconded by Ms. Hauptstueck and on 9 unanimous voice vote the motion was carried. 10 11 APPROVAL OF CLAIMS FOR PAYMENT 12 . 13 Ms. McFarland moved to approve claims in the amount of 571,871.63, seconded by Ms. Hauptstueck and on 14 unanimous voice vote the motion was carried. 15 16 PUBLIC REQUESTS AND COMMENTS 17 18 Residential Handicapped Parking Requests 19 20 402 North 15th Street 21 22 Captain Williams informed the Board that the request of Pearl Bosenberg of 402 North 15th Street for a 23 Residential Handicapped Parking Space did meet all the guidelines and he recommended approval. 24 25 Ms. McFarland moved to approve a residential handicapped parking space at 402 North 15th Street, seconded 26 by Ms. Hauptstueck and on unanimous voice vote the motion was carried. 27 28 1352 Boyer Street 29 30 Captain Williams informed the Board that the request of Nonia Jack of 1352 Boyer Street for a Residential 31 Handicapped Parking Space did not meet the guidelines due to off street parking being available and he 32 recommended denial. 33 34 Ms. McFarland moved to deny a residential handicapped parking space at 1352 Boyer Street, seconded by Ms. 35 Hauptstueck and on unanimous voice vote the motion was carried. 36 37 Appeal of a Denial on a Residential Handicapped Parking Space at 203 North 19th Street 38 39 Ms. Carrie Jackson, 203 North 19th Street, appealed to the Board for the reinstatement of her residential 40 handicapped parking space. This had been denied by the Board on a renewal application due to off street 41 parking being available. Ms. Jackson also expressed concerns that the denial of the parking space was 42 harassment due to other circumstances. 43 44 Captain Williams shared photographs with the Board showing both the rear and front of the property at 203 45 North 19th Street. He told the Board there was ample off street parking at the rear of the property and the 46 request did not meet the guidelines as established by the Board. He added that there was no intent at 47 harassment, and the prior approval had been a mistake. 48 49 Ms. McFarland moved to affirm the denial of a residential handicapped parking space at 203 North 19th Street 50 due to off street parking being available, seconded by Ms. Hauptstueck and on unanimous voice vote the motion 51 was carried. 52 53 Appeal of Determination of Dangerous/Vicious Dog 54 55 This item will be tabled to the end of the Agenda. 56 57 TABLED ITEMS 58 59 None were presented. 60 61 DEPARTMENT REQUESTS AND COMMENTS 62 63 FIRE DEPARTMENT 64 65 Addendum to Rules and Regulations Regarding Uniforms /I9 Board of Works Minutes Cont'd August 31, 1989 Page 2 1 Assistant Chief Jim Sticco presented the Board an Addendum to the Rules and Regulations regarding uniforms 2 reading as follows: 3 4 Article XIII-Uniforms-Section 5. 5 6 Regulation uniforms include uniform shirts and trousers, badge, name bar, rank insignia, baseball-style 7 cap (dark blue with 'Richmond Fire Department' lettering, black shoes and black belt as approved by 8 the Chief. 9 10 Baseball cap will be worn only while in uniform--NO OTHER type hat is to be worn with uniforms. 11 - 12 Assistant Chief Sticco explained that the City had recently purchased the baseball caps as a part of the 13 uniforms and the addendum to the Rules and Regulations would make certain that it will only be worn as a part 14 of the uniform. Local 1408 has agreed to the addition to the Rules. 15 16 Ms. McFarland moved to approve and adopt the Addendum to Article XIII- Uniforms, Section 5 of the Rules and 17 regulations of the Richmond Fire Department, seconded by Ms. Hauptstueck and on unanimous voice vote the 18 motion was carried. 19 20 Administrative Regulation 104.01 (Supervision of a Fire Company) 21 22 Assistant Chief Sticco presented the Board an Administrative Regulation as a resolve to Grievances 9 and 23 10-1989, having been agreed to by Local 1408. 24 25 The Administrative Regulation addresses proper staffing for a Fire Company to remain in service and prevents 26 two members of the Fire Department holding the rank of Firefighter from working on the same truck. 27 28 Ms. McFarland moved to accept and approve Administrative Regulation AR 104.01, seconded by Ms. 29 Hauptstueck and on unanimous voice vote the motion was carried. 30 31 POLICE DEPARTMENT-TRAFFIC DIVISION 32 33 No Truck Signs-Elks Road and Hayes Arboretum Road 34 35 Captain Ron Williams explained to the Board that he desired to place No Truck Signs on Hayes Arboretum Road 36 and Elks Road and route truck traffic from the East National Road Project onto Gravel Pit Road. He said this 37 would help prevent further deterioration of these roads and keep the damage to Gravel Pit Road.. Captain 38 Williams told the Board that Mr.Wiwi was also in agreement. 39 40 Ms. McFarland moved to approve the placement of No Truck Signs on Elks Road and Hayes Arboretum Road, 41 seconded by Ms. Hauptstueck and on unanimous voice vote the motion was carried. 42 43 PUBLIC WORKS-ROSE VIEW TRANSIT 44 45 Charter Policy Update 46 47 Mr. Bob Wiwi, Public Works Director, presented an updated City of Richmond Bus Charter Policy. The new 48 policy was revised to reflect current costs of operation and to include the 68 passenger bus. He said the policy 49 will also allow the Board of Works to made additional use of vehicles at holiday time if they so desire. 50 51 Ms. McFarland moved to approve the execute the City of Richmond Bus Charter Policy, seconded by Ms. 52 Hauptstueck and on unanimous voice vote the motion was carried. 53 54 PURCHASING OFFICE 55 56 Award Quote for Sale of Fire Truck 57 58 Ms. Annie Planck presented the Board a memo recommending that Vonderhaar Farms Service be awarded the 59 quote for the sale of one 1961 American La France Pumper. The bid was for 1,051.50 and a Cashier's Check 60 had been included as a deposit leaving a balance of 946.35. 61 62 Ms. McFarland moved to award the quote for the sale of the 1961 pumper to Vonderhaar Farm Services for a • 63 total price of 1,051.50,seconded by Ms. Hauptstueck and on unanimous voice vote the motion was carried. 64 65 APPEAL ON THE DETERMINAT ON OF A DANGEROUS/VICIOUS DOG Board of Works Minutes Cont'd August 31, 1989 Page 3 1 Ms. Hauptstueck received an appeal from Ms.Amy Saul on a determination by the Richmond Police Department 2 that a dog owned by her was dangerous/vicious. Ms. Hauptstueck said that Board would allow persons wanting 3 to speak an opportunity today, but the Board would establish September 21, 1989 at 9:00 AM as the date and 4 time for a public hearing on the appeal of the the determination that Ms. Saul's dog was dangerous/vicious. 5 6 Mr. Anthony Luker and Ms. Amy Saul, owners of the dog, addressed the Board. Mr. Luker told the Board he 7 was able to do everything in the Ordinance regarding a dangerous/vicious dog except to acquire insurance. He 8 said all agencies he had contacted refused insurance because the dog is a Pit Bull. Mr. Luker informed the 9 Board that he felt the dog was provoked into the attack of the child. He said it had never attacked anyone 10 before. 11 12 Mr. Luker said he was sorry the child was bitten and wished it had not happened, but if people are unable to get 13 insurance,they might as well kill every dog that bites. 14 15 Ms. McFarland asked how the dog was provoked to attack and Mr. Luker stated that he was not saying the child 16 that was bitten was provoking the animal, but that the kids in the lower apartment tease the dog a lot and had 17 been provoking the dog earlier making her run around the apartment. Mr. Luker stated that when someone 18 entered their apartment, the dog went out and after the child. Mr. Luker stated that the father of the child that 19 was bitten had acknowledged that the kids had teased the dog. 20 21 Ms. McFarland asked if Mr. Luker has spoken with any of the parents regarding teasing the dog and Mr. Luker 22 said he had and Ms. Saul had. He added that the dog had never bitten or attacked before and had played with 23 other children that had not provoked her. He said the dog sat in the window of the apartment and the kids would 24 be down below making racket and teasing the dog. 25 26 Ms. McFarland asked what the dog's reaction to being teased was in the past and Ms. Saul said they were very 27 careful to not take the dog out if there were kids around. 28 29 Mr. Luker said the dog had never ran loose before. Mr. Luker told the Board that they were moving from the 30 house at 2232 Grand Boulevard. Mr. Luker also told the Board that the dog had been impounded since the 31 incident,thirteen days ago, and is grieving and not eating at the Animal Shelter. 32 33 Ms. Hauptstueck asked about the attitude of the dog after it had bitten the child and Mr. Luker said it had acted 34 normal. He added that the dog owned by the child's family had lunged at him when he tried to get his dog off the 35 child and after the dogs were separated, his dog's behavior was no different. 36 37 Ms. McFarland asked if the dog normally behaved frantically if teased and Mr. Luker said it did and this time she 38 ran outside by mistake. He said he was able to stop the attack when he got there, but the child's father was 39 pulling on the child and aggravating the wounds. 40 41 Mr. Mike Jacobs, 2325 Glen Court, friend of Mr. Luker and Ms. Saul,told the Board it took a couple of seconds 42 to get the dog off the child and get it back upstairs. He added that the dog was always real nice and he had 43 heard that kids teased the dog, but he had not witnessed any teasing. Mr. Jacobs said at the time of the attack 44 there were 6 to 8 kids out front and when the door was opened the dog got loose and attacked the little girl. 45 46 Ms. Doris Wilbur, 1510 Wernle Road, spoke to the Board about the condition of the animal at the Shelter. She 47 said that Police Chief Nimitz had allowed a dog involved in a similar situation to be impounded at a veterinary 48 kennel. She said she had also spoken with the Animal Control Officer regarding the kids teasing the dog, and he 49 had responded with 'You know how kids are'. Ms. Wilbur said she felt sorry for the child, but questioned where 50 the parents were in not keeping the child away from the dog and teaching the child not to tease animals. 51 52 Ms. Esther Kellner, 2245 South B Street, told the Board she was asked to come today because of her long 53 association with the training of children and animals. She stated that children are attracted to animals and make 54 noises and gestures and not made to stop. Ms. Kellner told the Board that animals are a product of their training 55 and it is not right to say it is dangerous/vicious because it bites in defense. She said if a child bit an attacker,we 56 would not want to execute the child. Ms. Kellner also shared with the Board that impounded animals have been 57 allowed to be quarantined in other placed besides the Animal Shelter and she would like to recommend for the 58 health of the dog,that it be allowed to be impounded elsewhere. 59 60 Ms. Violet Nelson, N.W. H Street, told the Board that she did visit the dog and it was very friendly. She stated 61 that the dog is loosing weight and sinking quickly and asked that it be impounded elsewhere for the rest of the 62 quarantine time. 63 64 Ms. Wilbur said she too visited the dog and had never seen the animal before, but she was able to pet it with no 65 problems. tA Board of Works August 31, 1989 Page 4 1 Speaking in opposition to the appeal was Ms. Wanda Eversole, a friend of the parents of the child that was 2 bitten. Ms. Eversole told the Board that the parents of the child lived downstairs from the animal in question and 3 they have a Chow that is in heat. She suggested that might have helped to excite the dog of Ms. Saul and Mr. 4 . Luker. She said that in the past Ms. Saul and Mr. Luker had told people that the dog was friendly to adults, bui 5 they were not sure about children. 6 7 Ms. Eversole told the Board the child was bitten in several places on her body and the Chow had attempted tc 8 attack the Pit Bull and the Chow was kicked. She said the Pit Bull did not want to let go of the child and tried tc 9 bit the father's foot after it was pulled loose. Ms. Eversole told the Board that she has raised dogs and once they 10 have attacked,they are difficult to trust again. 11 12 Ms. Deanna Strunk, grandmother of the child that was bitten, asked the Board if they had seen the pictures of 13 the child after it was bitten and the Board indicated they had seen the photographs. She said her son in law had 14 not spoken with Mr. Luker or Ms. Saul since the incident. Ms.Strunk said that when the Pit Bull was taken out of 15 the apartment in the past,the children were told to come in the house or get in the back yard and she had heard 16 that the dog did not like children. Ms. Strunk explained the medical procedures taken to close the wounds to the 17 Board. 18 19 Officer John Lackey, Richmond Police Department, told the Board he was not at the scene, but had been called 20 at home. He said he had advised the responding officers to take pictures. Officer Lackey said that Mr. Luker 21 had been cooperative and had stated that he would pay the medical bills for the child that was bitten. He told the 22 Board he had the authority to say where the dog was quartered during quarantine and he did not have a problem 23 if that would be at a vet's office. Officer Lackey informed the Board he would not release the dog until al 24 qualifications set out in the ordinance controlling DangerousNicious Dogs were met. 25 26 Ms. Eversole told the Board that Mr. Luker had not spoken with the child's parents about paying hospital bills. 27 28 Officer Lackey told the Board he notified Mr. Luker and Ms.Saul of the determination of a dangerous/vicious dog 29 and provided copies of the letter of notification. He said he had not interviewed any witnesses and that Mr. 30 Luker had made arrangements to do all provisions of the Ordinance, except he was unable to secure insurance. 31 He added that the dog could be release if all provisions of the ordinance had been met. 32 33 Ms. McFarland informed all participating that the Board would establish guidelines for the public hearing and in 34 response to the pictures being shared publicly, indicated that would be a decision of the Board. 35 36 Ms. Kellner told the Board this was a very sad situation and she hoped a way can be developed to train people 37 how to handle dogs. 38 39 Mr. Luker informed the Board he would speak with his vet and see if arrangements can be made to Board the 40 dog there and work with Officer Lackey about the transportation. 41 42 Ms. McFarland said it was not the intent of the Board to have the animal grieve itself to death, but it would have 43 to be impounded until the public hearing with all financial responsibility being that of the owners. 44 45 Ms. Hauptstueck encouraged Mr. Luker and Ms. Saul to continue looking for liability insurance coverage. She 46 stated that the public hearing would be legally advertised in order that ample notice given for all who want tc 47 appear. 48 49 ADJOURNMENT 50 51 There being no further business,on a motion duly made, seconded and passed the meeting was adjourned. 52 53 54 55 56 57 58 Carrie Hauptstueck, President 59 60 61 62 63 ATTEST: 64 Mary Merchanthouse, City Clerk 65