10/19/11 Board of Public Safety Meeting

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REGULAR MEETING OCTOBER 19 2011 53 AUTHORIZE CHIEF OF POLICE TO SEND LETTER OF NON - COMPLIANCE TO EMERGENCY TOWING LIST COMPANIES Mr. Cottrell read a Memorandum to the Board from Mr. Bodnar informing that per Resolution No. 10 -2008, contractors on the City towing list may be removed from the list for a period of one month when it is shown that for any quarter the contractor failed to respond to 10% or more of the requests for service. He noted it appears, based on the statistics he enclosed, that none of the contractors have met the required statistics, although one is at 10% exactly. He stated this would suggest the removal of most of our contractors. Mr. Bodnar stated in his memorandum, that the Resolution says the contractor "may" be removed. Therefore, Mr. Bodnar recommended that the Board request that the Chief notify all four companies of their status for the last quarter, and issue a warning that they will be removed for one month if this continues for the current quarter. Ms. Francesca Hrezo, ASAP Towing, asked the Board what the Emergency Towing List process was. When a company is removed from the list after notification, she asked if they would be moved to the waiting list. Mr. Bodnar stated yes, if one is removed and there is a need to fill the opening, the next one on the list would move up. Ms. Hrezo questioned if the appeal process on the part of the towing company would be handled in an open meeting. Mr. Bodnar stated it would. Mr. Cottrell noted that all of the Board of Safety meeting schedules and agendas are posted, and meetings are normally held on the third Wednesday of the month. Ms. Hrezo asked if the towing company has to appeal within seven (7) days, would they be removed on the eighth day if they don't appeal. Mr. Bodnar stated the appeal would be at the end of the quarter, after a letter informing them of their imminent removal from the list. Ms. Hrezo questioned how often the quarterly statistics are reviewed. Chief Boykins stated he would need to check with the officer in charge of the list. Mr. Paul Walters, ASAP Towing, noted his company has been trying to get on the list since 2006 and has been monitoring the statistics. He noted most companies haven't been in compliance since 2008. Ms. Becki Badders, ASAP Towing questioned how the Resolution came about. Mr. Bodnar stated it is approved by the Board of Works. She suggested some of the companies have been on the list for thirty (30) years. She noted if no one is policing this, ASAP is missing out on an opportunity. She stated they have pages of refusals from the towing companies, and some that occurred on the same day. Mr. Cottrell stated the end of the current quarter is in December. He assured those present that he feels the Board should have a well- defined process by then. Ms. Hrezo noted she feels that her company would be an asset to the City. Mr. Bodnar asked if ASAP has the capacity to tow semi trucks. He noted that is a problem; there is only one local company that can provide that service. Mr. Walters stated he does not, but he would be willing to add a truck on to handle that. Chief Boykins asked if their company was open on weekends, and if towed vehicles can be picked up on Sundays in particular. Mr. Walters stated yes, they are open twenty -four (24) hours a day, seven (7) days a week. Ms. Badders stated they just ask to be notified ahead of time so they can be out there to release cars. Mr. Walters added that they work with private apartment buildings on Notre Dame weekends and are always releasing cars as soon as they are needed during those events. Upon a motion by Mr. BonDuant, seconded by Mr. Miller and carried, the Board authorized the Chief to send a letter of warning to those companies in non - compliance. APPROVE INDEMNIFICATION AGREEMENT — 7101 VORDEN PARKWAY Chief Boykins presented the Board with an Indemnification Agreement for the Police Department for the purpose of providing Emergency Vehicle Operation training at Tire Rack, 7101 Vorden Parkway. The agreement is good for October 11 through October 14, 2011 and again from November 7 through November 10, 2011. Upon a motion by Mr. BonDurant, seconded by Mr. Miller and carried, the Indemnification Agreement was approved. ACCEPT AND FILE DONATION TO SOUTH BEND POLICE DEPARTMENT In a letter to the Board, Chief Boykins advised the Board of a generous donation made to the South Bend Police Bomb Squad by the University of Notre Dame of a box on wheels that is approximately 30 "x 18 "x 18" with two (2) locations that a pad lock can be placed. He stated that the inside of the box has wooden sides attached to it. Chief Boykins stated in his letter that the value of this item is $350.00 to $400.00. There being no further discussion, the donation was accepted and filed. ACCEPT RECOMMENDATION FOR EMPLOYEE OF THE MONTH — AUGUST 2011 — .IAMIL ELWAER In a letter to the Board, Chief Boykins stated that Patrolman Jamil Elwaer was selected as Employee of the Month for August, 2011. The award is to recognize officers, civilian employees, on the South Bend Police Department who have demonstrated actions noted by supervisors or