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HomeMy WebLinkAbout04/25/07 Board of Public Safety Minutes'~~J PUBLIC AGENDA SESSION APRIL 25.2007 The Board of Public Safety met in the Public Agenda Session at 8:02 a.m. on Wednesday, Apri125, 2007 with Boazd President Jesusa Rodriguez and Board Members Juanita Dempsey, Donald Alford, Patrick D. Cottrell, and Bruce J. BonDurant present. Also present were Police Chief Thomas H. Fautz, Fire Chief Howard Buchanon and Boazd Attorney Thomas Bodnar. The meeting was held in the. Board of Public Works Meeting Room, 13~' Floor, County City Building, South Bend, Indiana. Board members discussed the following item(s) from that list. - Minutes The Board reviewed the minutes and found no errors or corrections. - Resolution No. 16-2007 -Fiscal Plan -Douglas Road Annexation Area Chief Buchanon and Chief Fautz stated that their respective departments had no problem with the annexation. Police Department - Bomb Squad Contract Mr. Bodnar, Legal Department, stated that this Contract was identical to the previous one that the Board approved with the city of Mishawaka. - Letter of Understanding Mr. Bodnar, Legal Department, stated that the Letter of Understanding basically allows the Police a certain number of days for tending to Union business at the Lodge. Chief Fautz noted that this would save the Police Department money by using the Secretarial staff to do home secretarial duties instead of paying Policemen overtime for the work. - Monthly Statistical Analysis Chief Fautz noted that the downwazd trend continues, especially in burglaries. Mr. Alford ' questioned whether the statistics include bank robberies. Chief Fautz stated that it did. - General Order Mr. Bddnaz noted that back in 2005 the Board gave the Chief of Police authority to make changes to the Duty Manual as long as he makes the Board awaze ofthe changes. ChiefFautz noted that this is a change to the Sexual Harassment policy. Chief Fautz stated that the previous Sexual Harassment policy was identical to the City's policy. He noted that if an officer kissed his wife at a Memorial Ceremony, it would violate the City's policy, so the change was needed. Chief Fautz explained that when a new policy is drafted, a copy is sent to all officers. When a General Order is implemented, it is put on softwaze and all officers have to check off that they have read the general order, and understand it. Field Officers and Detectives are required to take tests on the general orders, but rank and file police are not required to. - Police Department Manpower Mr. Bodnar noted that in light of the recent troubles in the Police Department, indicating the murder of one of their fellow officers, he would not be addressing manpower numbers at this meeting, but would delay it until a better time. Fire Department - Request for Retirement Mr. Bodnaz stated, regretfully, that this was the Request for Retirement from Chief Luther Taylor. ' -Monthly Statistical Analysis Chief Buchanon noted that the Department was having a problem with getting inspection statistics entered into the computer accurately and timely, but they believe the problem has been resolved. ADJOURNMENT There being no further business to come before the Board, President Rodriguez declared the meeting adjourned at 8:35 a.m. BOARD OF PUBLIC SAFETY :. ~~ Y PUBLIC AGENDA SESSION ~~ APRIL 25, 2007 Rodriguez, ~~~~~~ Donald L. Alford, Mem ' uanita Dempsey, Mem er Patrick D. Cottrell, Member ~~ A Bruce J. BonDurant, Member ~ ATTEST: Linda M. Martin, Clerk EXECUTIVE SESSION APRIL 25, 2007 The Board of Public Safety met in Executive Session on Wednesday, Apri125, 2007, at 8:39 a.m. , The meeting was held in the Mayor's Conference Room, 14`h Floor, County City Building, South Bend, Indiana, for the purposes specified in I.C. 5-14-1.5-6.1 (b) (2) (B) and (b) (6) (A). President Jesusa Rodriguez and Board Members Juanita Dempsey, Donald Alford, Patrick Cottrell, and Bruce BonDurant were present. Also present were Police Chief Thomas H. Fautz, Fire Chief Howard Buchanon and Board Attorney Thomas Bodnar. Board members did not discuss any subject matter other than the subject matter as specified in the Public Notice. The meeting adjourned at 9:13 a.m. BOARD OF P FETY Jesu Rodriguez, President Donald L. Alford, Merv' er Juanita Dempsey, Mei ber ~Gti C~C.~ r Patrick D. Cottrell, Member ' 1~ .I. Bruce J. BonDurant, Member A EST: ` ~~. Linda M. Martin, Clerk 4 ~~ ~'~ J REGULAR MEETING APRIL 25, 2007 The Board of Public Safety met in the regular meeting at 9:15 a.m. on Wednesday, Apri125, 2007, with President Jesusa Rodriguez and Board Members Juanita Dempsey, Donald Alford, Patrick D. Cottrell, and Bruce BonDurant present. Also present were Police Chief Thomas H. Fautz, Fire Chief Howazd Buchanon and Board Attorney Thomas Bodnar. The meeting was held in the Board of Public Works Meeting Room, 13th Floor, County-City ' Building, South Bend, Indiana. MOMENT OF SILENCE President Rodriguez requested a moment of silence in honor of slain Officer, Corporal Nick Polizzotto. Corporal Polizzotto was killed on duty on the previous day, Apri124, 2007. The Board shared a moment of silence in his honor. APPROVE MINUTES OF PREVIOUS MEETINGS President Rodriguez advised that if there were no objections by members of the Boazd, the minutes of the Public Agenda Session, Executive Session, and Regular meetings ofthe Board held on April 4, 2007 would be accepted. There being no further discussion, the minutes were accepted. ADOPT RESOLUTION NO. 16 2007 - ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES. TO AN ANNEXATION AREA IN CLAY TOWNSHIP (DOUGLAS ROAD ANNEXATION AREA) Mr. Jeff Vitton, Community and Economic Development, submitted Resolution No. 16-2007 for the Board's approval. Mr. Vitton stated that the annexation area would be serviced by Police Beat Eleven (11), and Fire Station Number Three (3). Mr. Vitton noted that there would not be any financial impact on either the Fire or Police Departments. He noted that the Annexation was approved by the Area Plan Commission at their last meeting. Upon a motion made by Mr. BonDurant, seconded by Mr. Cottrell and carried, the following Resolution was adopted. RESOLUTION NO. 16-2007 ' A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP (DOUGLAS ROAD ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all (100%) property owners which proposes the annexation of real estate located in Clay Township, St. Joseph County, Indiana, which is more particularly described at Page 15 of Exhibit "A" attached hereto; and WHEREAS, the territory proposed to be annexed encompasses approximately 2.166 acres of land, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 14.6% contiguous, generally located at the northeast corner of State Road 23 and Douglas Road. It is anticipated that the annexation area will be developed for office/retail buildings and a parking lot. This use will require a basic level of municipal public services, including the provision of police and fire protection; and ' WHEREAS, the Boazd of Public Safety now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of police and fire protection to be furnished to the territory to be annexed; (2) the method (s) of financing those services; (3) the plan for the organization and extension of those services; (4) that those services will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in the same manner as those services aze provided to areas within the corporate boundaries of the City of South Bend, regazdless of similaz topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures and planning criteria; and (5) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation. ~~~ REGULAR MEETING APRIL 25, 2007 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the real property described more particularly at Page 15 of Exhibit "A" attached hereto be annexed to the City of South Bend. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, by and through its Board of Public Safety, to furnish to said territory police and fire services within one (1) year of the effective date of annexation in a manner equivalent in standard and scope to similar services furnished by the City to other areas regardless of similar topography, patterns of land use, or population density and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. The Board of Public Safety shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit "A", and made a part hereof, most particularly those provisions pertaining to police and fire protection at pages 6 and 7 of Exhibit "A", for the furnishing of said services to the territory to be annexed. Adopted the 25`" day of April, 2007. BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA s/Jesusa Rodriguez, Member s/Juanita Dempsey, Member sJDonald Alford, Member s/Patrick Cottrell, Member sBruce BonDurant, Member Attest: s/Linda Martin, Clerk POLICE DEPARTMENT ACCEPT AND APPROVE BOMB SQUAD CONTRACT -UNIVERSITY OF NOTRE DAME In a memorandum to the Board, Mr. Bodnar, Legal Department, stated that the above referenced contract allows the City of South Bend to be held harmless for their actions by and provides reimbursement from the University of Notre Dame for non-personnel expenses. Mr. Bodnar noted that the Contract is similar in nature to the one the Board approved on February 8, 2007, with the City of Mishawaka. Mr. Cottrell noted that he would refrain from voting. Upon a motion made by Mr. BonDurant, seconded by Mr. Alford and carried, Mayor Luecke was authorized to enter into the Bomb Squad contract. APPROVE LETTER OF UNDERSTANDING WITH THE FRATERNAL ORDER OF POLICE In a Memorandum to the Board, Mr. Bodnar, Legal Department, asked the Board to approve a Letter of Understanding regulating the use of the Fraternal Order of Police Lodge time by employees of the City of South Bend who are not members of the Lodge. Mr. Bodnar attached Article Five (5) of the Working Agreement between the City of South Bend and the Fratemal Order of Police, which addresses Lodge Activities. Mr. Bodnar noted that it is contemplated that the FOP may have one of the secretaries do some work for them while she is on sick leave and she has a total release of FMLA, and neither this case nor future ones should entail any FLSA liability or ghost employment questions. The Chief would be informed as to the nature of such work. Mr. Bodnar noted that the expense to the City of South Bend would be less if the Lodge time is used by the secretarial staff than by police officers who need to be replaced at time and a half. Upon a motion made by Mr. BonDurant, seconded by Mr. Cottrell and carried, the Letter of Understanding was approved. 1 1 1 ~y REGULAR MEETING APRIL 25, 2007 ACCEPT AND FILE DONATION TO SOUTH BEND POLICE DEPARTMENT Chief Fautz advised the Board that the South Bend Police Department received a generous donation of $300.00 by RBI Productions. Chief Fautz noted that the donation is for a license fee for filming Ray Wolfenbarger on the television show "Crime T.V.". Chief Fautz stated the donation is very much appreciated. There being no objections, the donation was accepted and filed. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT -MARCH 2007 Chief Fautz noted that crime statistics in general were down eighteen percent (18%) from this time last year. President Rodriguez indicated that unless there were questions or objections by members of the Board, the statistical report for the month of March 2007, as submitted by the Police Department, would be accepted for filing. There being no objections, the following report was accepted for filing: Mar Mar YEAR TO DATE PART I OFFENSES 2006 2007 CHANGE (061 07 CHANGE MURDER 0 0 0 0 2 + 2 RAPE 10 7 - 3 23 20 - 3 ROBBERY 23 24 + 1 84 73 - 11 AGGRAVATED ASSLT 20 37 + 17 60 72 + 12 BURGLARY RES 96 9] - 5 356 260 - 96 BURGLARY NON RES 43 29 - 14 114 78 - 36 LARCENY 444 335 - 109 1044 860 - 184 MOTOR VEH THEFT 48 30 - 18 142 119 - 23 ARSONS 3 6 + 3 15 15 0 GRAND TOTAL 687 559 - 128 1838 1499 - 339 ACCEPT AND APPROVE GENERAL ORDER -NOTICE TO BOARD Chief Fautz stated that this was a change to the Sexual Harassment Policy in the Duty Manual. The Chief is authorized to make changes as long as the Board is notified. Upon a motion made by Mr. ' BonDurant, seconded by Mr. Cottrell and carried, the General Order was accepted and approved as presented. FIRE DEPARTMENT ACCEPT AND APPROVE RETIREMENT -LUTHER TAYLOR President Rodriguez advised that Chief Howard Buchanon has submitted to the Board the Application and Declaration for Retirement for Chief Luther Taylor effective April 13, 2007. In his letter, Chief Buchanon noted that Chief Taylor has served the Department with loyalty and distinction during the last thirty-four (34) years and six (6) months. Chief Buchanon joined the Board in thanking him for his commitment, dedication and years of distinguished service to the South Bend Fire Department and the citizens of South Bend. Members also wished him a long and happy retirement. Upon a motion made by Mr. Alford, seconded by Ms. Dempsey and carried, the retirement was regretfully accepted and approved. FILING OF MONTHLY STATISTICAL REPORT -MARCH 2007 Chief Howard Buchanon submitted to the Board the Monthly Report for the month of March, 2007 compiled by the Prevention/InspectionBureau ofthe Fire Department. The Statistical Analysis was accepted and filed. A summarv is as follows: 1 MARCH MARCH 2006 2007 STRUCTURE FIRES Property Damage--Buildings & Contents (Estimates) $233,100.00 $123.000.00 INSPECTIONS Fire Prevention/Ins ection Bureau 494 Inspections 357 Inspections 63 Re-Ins ections 71 Re-Ins ections INVESTIGATIONS (Police/Fire Arson Bureau) ~~ J <• REGULAR MEETING APRIL 25, 2007 16 14 Investi ations Investi ations 3 5 Arson Arson PRIVILEGE OF THE FLOOR Mr. Alford offered condolences and prayers on behalf of the Board of Safety to the family of slain Police officer, Corporal Nick Polizzotto, and all Police officers. , ADJOURNMENT There being no further business to come before the Board, President Rodriguez declared the meeting adjourned at 9:25a.m. BOARD OF PUBLICx'S`AF~ President ATTEST: ~,~ ~C~ Li da M. Martin, Clerk -_~~-'~ Donald L. Alford, Me d~anita Dempsey, Member S ~c~ ~ Patrick D. Cottrell, ember /. Bruce J. BonDurant, Member , 1