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HomeMy WebLinkAbout01/26/05 Board of Public Safety Minutes~~ PUBLIC AGENDA SESSION JANUARY 26, 2005 The Board of Public Safety met in the Public Agenda Session at 8:05 a.m. on Wednesday, January 26, 2005 with President Jesusa Rodriguez and Board Members Elmer Carr, Wesley Taylor, and Donald Alford present. Also present were Police Chief Thomas H. Fautz, Fire Chief Luther Taylor and Board Attorney Thomas Bodnar. The meeting was held in the Board of Public Works Meeting Room, 13`h Floor, County City Building, South Bend, Indiana. - Review of Minutes Mr. Thomas Bodnar stated the minutes were corrected to depict the swearing in of Mr. Wesley Taylor in the Public Agenda Session, rather than the regular meeting of January 5, 2005. -Addition to Agenda Mr. Thomas Bodnar indicated the Quarterly Training Report for the Police Department would be added to the agenda. - Resolution Nos. 5-2005 and 6-2005 -Fiscal Plan/Policy Mr. Thomas Bodnar stated the Board's duty is to approve the extent of the Police and Fire protection of the two (2) areas. Both Departments currently have police and fire protection. Chief Taylor noted that Chief Howard Buchanon has reviewed the Resolutions. - Charge No. 04-03 -Police Department Mr. Bodnar explained this agenda item would be discussed further in Executive Session, and advised the Board that some type of action will need to be taken. - Duty Manual Change -Section 402.00 -Police Department Mr. Bodnar stated several years ago the "sick day buy-back option" was designed so as not to abuse sick days. Employees were allowed to sell any unused days. A bank of five (5) days was installed. On January 1, 2005, in line with negotiations, the bank was increased to seven (7) days. This change reflects this event. - Acceptance of Donations -Police Department ' Mr. Bodnar stated that all donations are recorded. Chief Thomas Fautz noted that all donations are directed to a worthy cause. - Monthly Statistics -Police Department Chief Fautz indicated there is a continuation of a downward trend in crime, due to the Police Department partnering with the community in the form of many types of programs. - Quarterly Training Report -Police Department Chief Fautz stated the current training program is the largest and most aggressive the Police Department has had. They will try to meet and exceed training goals. All police personnel are currently undertaking communication training, and this will be reinforced throughout each year by in-house trainers. - Promotion -Police Department Chief Fautz stated this is a "remnant" of the eighteen month promotion system. This officer is well deserving of the promotion. - Monthly and Yearly Statistics -Fire Department Chief Taylor indicated these statistics depict how the Fire Department is doing. It also shows the usage each fire truck. ADJOURNMENT There being no further business to come before the Board, President Rodriguez declared the meeting adjourned at 8:28 a.m. BOARD OF PUBLIC SAFETY ~~ n Jesusa Donald L. Alford, Member ~~~~iu PUBLIC AGENDA SESSION ATTEST: Angela K. Jacob, Clerk EXECUTIVE SESSION JANUARY 26, 2005 Wesley B. Tay r, Jr., M e JANUARY 26, 2005 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) and adjourned at 9:10 a.m. Board members did not discuss any subject matter other than the subject matter as specified in the Public Notice. 1 L. Alford, Member ATTEST: ~ Y~ ~e~-~` ~L~`~ Angela K. ob, Cler REGULAR MEETING JANUARY 26, 2005 The Board of Public Safety met in the regular meeting at 9:12 a.m. on Wednesday, January 26, 2005, with President Jesusa Rodriguez and Board Members Elmer Carr, Wesley B. Taylor and Donald Alford present. Also present were Police Chief Thomas H. Fautz, Fire Chief Luther Taylor and Board Attorney Thomas Bodnar. The meeting was held in the Board of Public Works Meeting Room, 13`h Floor, County City Building, South Bend, Indiana. APPROVE MINUTES OF PREVIOUS MEETINGS President Rodriguez advised that if there were no objections by members of the Board, the minutes of the Public Agenda Session, Executive Session, and Regular meetings of the Board held on ' January 5, 2005 would be accepted. There were no objections by members and the minutes were accepted. ADOPT RESOLUTION NO. 5-2005 - ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP (GREGORY A.KIZER AND MARY OU KIZER ANNEXATION AREA) Upon a motion made by Mr. Taylor, seconded by Mr. Alford and carried, the following Resolution was adopted by the Board of Public Safety. Mr. George Adler, Community and Economic Development, was present and stated this is a voluntary annexation of approximately 3.2 acres west of Portage. Fire (Fire Station No. 11) and Police (Beat No. 22) services are provided in this area. BOARD OF PUBLIC SAFETY ,J~ ~.~~ti~~~ REGULAR MEETING RESOLUTION NO. 5-2006 JANUARY 26, 2005 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 GERMAN TOWNSHIP (GREGORY A. KIZER & MARYLOU KIZER 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 German Township, St. Joseph County, Indiana, which is described more particularly in Section I of this Resolution; and WHEREAS, the territory proposed to be annexed encompasses approximately 3.2 acres of land containing one single family home, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 94% contiguous, generally located on the west side of Portage Road, approximately 1,540 feet north of Bendix Drive. It is anticipated that the annexation area will be developed eventually for commercial uses, and it is proposed for rezoning within the City as "CB" (Community Business) upon incorporation into the City limits and Common Council approval. This commercial use will require a basic level of municipal public services, including the provision of police and fire protection; and; WHEREAS, the Board of Public Safety now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates ofpolice 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 are provided to areas within the corporate boundaries of the City of South Bend, 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; and (5) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation. 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 following described real property located in German Township, St. Joseph County, Indiana, be annexed to the City of South Bend: "Lot 1 of Kizer's Portage Road Minor Subdivision; including the entirety of the Portage Road Right-of-Way". 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. 1 1 1 Adopted the 26t" day of January 2005. .' ~ .:., < : ,,~ i;k)t: G REGULAR MEETING BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA 1 1 1 s/Jesusa Rodriguez, President s/Elmer Carr, Member s/Donald Alford, Member s/Wesley B. Taylor, Jr., Member Attest: s/Angela Jacob, Clerk ADOPT RESOLUTION NO. 6-2005 - ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CENTRE TOWNSHIP (GREG & DONNA ELLIOTT ANNEXATION AREA) Upon a motion made by Mr. Taylor, seconded by Mr. Alford and carried, the following Resolution was adopted by the Board of Public Safety. Mr. George Adler, Community and Economic Development, was present and stated that this is a voluntary annexation of approximately 0.83 acres on the side of U.S. 31 South. This area is covered by Fire Station No. 10 and Beat No. 35. JANUARY 26, 2005 RESOLUTION NO. 6-2005 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 CENTRE TOWNSHIP ( GREG & DONNA ELLIOTT ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance which proposes the annexation of real estate located in Centre Township, St. Joseph County, Indiana, which is described more particularly at Table 2 on page 13 of Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the territory proposed to be annexed encompasses approximately 0.83 acres of land containing one vacant structure formerly used as a residence, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 75% contiguous, generally located on the west side of U.S. 31 South, approximately 860 feet south of Kern Road. This annexation territory is intended for business development and is proposed to be zoned "LB" (Local Business) upon incorporation into the City limits and approval by the Common Council. As a business area, this annexation territory will require a basic level of municipal public services of anon-capital improvement nature, including street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer system, a water distribution system and a storm water system and drainage system; and WHEREAS, the Board of Public Safety now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates ofservices of anon-capital nature, including street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non-capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system 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 services of anon-capital nature 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 a manner equivalent in standard and scope to similar non-capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate \boundaries of the City of South Bend \i i'" ~~ REGULAR MEETING JANUARY 26.2005 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; and (6) the plan for hiring the employees or other governmental entities whose jobs will be eliminated by the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: ' Section I. That it is in the best interest of the City of South Bend and the area proposed to be annexed that the real property located in Centre Township, St. Joseph County, Indiana, described more particularly at Table 2 on page 13 of Exhibit "A" (The Fiscal Plan) attached hereto and made a part hereof, be annexed to the City of South Bend. Section II. That 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 services of anon-capital nature, such as street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, a street light system, a sanitary sewer system, a water distribution system, and a storm water system, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. Section III. That 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, for the furnishing of said services to the territory to be annexed, which provides, among other things, that the developer will ' extend the sewer network at its expense from the Hidden V alley (Creek) subdivision through the new annexation area; that an existing water main at the west side of U.S. 31 South has sufficient capacity to service the annexation area and that the cost for extension of that water main line to service the annexation area will be shared equally between the City and the developer; that the developer will plan, provide, and pay for construction of new public streets and installation of street lighting subject to compliance with state and local law; and that a drainage plan will be addressed through the subdivision process. Adopted the 26`" day of January 2005. BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA s/Jesusa Rodriguez, President s/Elmer Carr, Member s/Donald Alford, Member s/Wesley B. Taylor, Jr., Member Attest: s/Angela Jacob, Clerk POLICE DEPARTMENT ' APPEARANCE AND MOTION -CHARGE 04-03 -CHRISTOPHER HOUSER Mr. George Herendeen, Attorney for Mr. Christopher Houser, acknowledged the presence of Mr. Houser at the meeting. Mr. Herendeen stated that Mr. Houser has waived the formal hearing in this matter, and requests the Board of Public Safety to consider Chief Fautz' recommendation of thirty (30) days suspension with no pay. Mr. Herendeen recommended that the Board of Public Safety accept and approve Chief Fautz' recommendation. Mr. Joseph Simeri, Attorney for the Board, reiterated that 1) Mr. Houser has waived the formal hearing; 2) has admitted to the Charge; and 3) awaits the decision of the Board of Public Safety. 4 ~ ~ ~ y"r. '.\ t~ REGULAR MEETING JANUARY 26, 2005 Mr. Herendeen stated that Mr. Houser additionally agreed to anger management classes. In addition, the last twelve (12) days of suspension would be waived, subject to Mr. Houser attending the anger management classes. Mr. Herendeen also reminded the Board that the thirty (30) day suspension be calendar days. Mr. Herendeen stated Mr. Houser would accept the finding of the Board of Public Safety, and noted that Mr. Houser has a clean personnel record. President Rodriguez stated the Board had made a decision. Mr. Simeri stated the decision of the Board of Public Safety is a suspension of thirty (30) calendar days without pay, and Mr. Houser is to undertake and complete anger management under the direction of Chief Fautz. At the end of six (6) months, Mr. Houser will undergo an evaluation, with the results submitted to Chief Fautz, with these results analyzed for any further action. Mr. Bodnar stated the suspension would begin at the next regular Board of Public Safety meeting, scheduled for February 16, 2005, at which time the Findings of Fact would be submitted. In addition, the special meeting for the hearing scheduled for February 7, 2005 was cancelled. Upon a motion made by Mr. Alford, seconded by Mr. Taylor and carried, the above recommendation was accepted and approved. APPROVE PROMOTION -CORPORAL KATHY FULNECKY In a letter to the Board, Chief Thomas Fautz recommended that Corporal Kathy Fulnecky be promoted to the rank of Detective Sergeant in the Investigative Division, Metro Special Operations Section. The effective date of this promotion was January 7, 2005. Upon a motion made by Mr. Alford, seconded by Mr. Carr and carried, the recommendation was approved. ACCEPT AND APPROVE DUTY MANUAL CHANGE -SECTION 402-00 Chief Thomas Fautz recommended approval of this change into the South Bend Police Department Duty Manual retroactive to January 1, 2005. This change to the sick leave bank was changed from "below five (5) days" to "below seven (7) days" in section C number 4 end of sentence. Upon a motion made by Mr. Alford, seconded by Mr. Carr and carried, the change was accepted and approved. ACCEPTANCE OF DONATIONS Chief Thomas Fautz advised the Board of Public Safety of the following donations made to the South Bend Police Department: First Presbyterian Church Bambers Superette, Inc. Osco Drug Store Pet Supplies Plus South Bend Uniform Dr. Klopenstine, DDS University Park Veterinarian Hospital KADA Partnership JDM Communications Kuert Concrete Graham Snyder Dolls and Teddy Bears $321.00 $137.00 $137.00 $137.00 $137.00 $137.00 $137.00 $137.00 $137.00 $137.00 There being no further discussion, the donations were accepted. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT -DECEMBER 2004 President Rodriguez indicated that unless there were questions or objections by members of the Board, the statistical report for the month of December 2004, as submitted by the Police Department, would be accepted for filing. There being no objections, the following report was accepted for filing: REGULAR MEETING December 2004 PART I OFFENSES MURDER RAPE ROBBERY AGGRAVATED ASSAULT BURGLARY RES BURGLARY NON RES LARCENY MOTOR VEH THEFT ARSONS GRAND TOTAL ..~ JANUARY 26, 2005 YEAR TO DATE 2003 2004 CHANGE (03) (04) CHANGE 1 1 0 16 10 - 6 1 4 + 3 78 71 - 7 29 30 + 1 325 344 + 20 23 25 + 2 350 337 - 13 78 90 +12 1003 933 - 70 51 48 - 3 713 622 - 91 388 380 - 8 4596 4475 -121 25 40 + 15 534 539 + 5 3 3 0 74 63 - 11 599 621 + 22 7688 7394 -294 ACCEPT AND FILE 4TH QUARTERLY REPORT FOR SPECIALIZED SCHOOL -OCTOBER THROUGH DECEMBER 2004 Captain Wanda Shock, Director of Training, South Bend Police Department, submitted the Quarterly Report for Specialized School for October through December 2004. There being no further discussion, the report was accepted and filed. FIRE DEPARTMENT FILING OF MONTHLY STATISTICAL REPORT -DECEMBER 2004 Chief Luther Taylor submitted to the Board the monthly report for the month of December 2004, as complied by the Prevention/Inspection Bureau of the Fire Department. A summary is as follows: During the month of December the Fire Department responded to structure fire with property damage of buildings and contents entered at: December 2004 - $211,100.00 December 2003 - $507,900.00 Additionally, during the month of December, the Fire Prevention/Inspection Bureau performed inspections including compliances, violations and inspections: December 2004 - 400 24 Re-Inspections December 2003 - 422 106 Re-Inspections The Police /Arson Bureau performed investigations as follows: December 2004 - 19 Investigations, 2 Arsons December 2003 - 17 Investigations, 2 Arsons FILING OF YEARLY STATISTICAL REPORT - 2004 Chief Luther Taylor submitted to the Board the yearly report for 2004, as complied by the Prevention/Inspection Bureau of the Fire Department. A summary is as follows: During 2004, the Fire Department responded to structure fire with property damage of buildings and contents entered at: 1 1 1 2004 - $4,957,568.58 2003 - $3,760,476.00 <!~.:~. REGULAR MEETING JANUARY 26, 2005 Additionally, during 2004, the Fire Prevention/lnspection Bureau performed inspections including compliances, violations and inspections: 2004 - 4,820 2003 - 5,385 1,012 Re-Inspections 1,022 Re-Inspections ' The Police /Arson Bureau performed investigations as follows: 2004 - 182 Investigations, 45 Arsons 2003 - 210 Investigations, 54 Arsons Mr. Bodnar announced that Mr. Elmer Carr was resigning as of January 26, 2005. Mr. Bodnar noted is was a pleasure working with Mr. Carr. Mr. Herendeen stated he had worked with Mr. Carr for many, many years, and Mr. Carr has served the Board with dignity. Chief Taylor thanked Mr. Carr for his many contributions, and that he was a gentleman to work with. Chief Fautz thanked Mr. Carr for his assistance in the Chief's transition, and had served the Board with grace and class. President Rodriguez also gave Mr. Carr thanks. The Board wished Mr. Carr the best in his endeavors. ADJOURNMENT There being no further business to come before the Board, President Rodriguez declared the meeting adjourned at 9:40 a.m. BOARD OF PUBLIC SAFETY 1 Jes sa Rodriguez, Preside °/ , anam-z-irlivi azc~ietn'~aci- Wesley B. T lor, Jr., er A TEST: ~~.~ Angela K. acob, l rk 1