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Home My WebLink About03/30/05 Board of Public Safety Minutes~;~ ~r: es .1 J. ~ • . ~ 'tovll• PUBLIC AGENDA SESSION MARCH 30, 2005 The Board of Public Safety met in the Public Agenda Session at 8:00 a.m. on Wednesday, March 30, 2005 with President Jesusa Rodriguez and Board Members Wesley Taylor, Juanita Dempsey 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. Mr. John Voorde, City Clerk, was present and administered the Oath of Office to Ms. Juanita Dempsey, who became a new Board of Public Safety member. - Minutes Mr. Bodnar stated the minutes had been reviewed. It was noted that page 20, under the Retirement for Ronald Wisniewski, the reference to "Mr. Quinn" should be replaced with "Mr. Wisniewski". - Resolution No. 23-2005 -Fiscal Plan/Services for an Annexation Area - Waggoner's Dairy Farm Mr. Bodnar stated this is a voluntary annexation with some opposition by neighboring residents. Mr. Bodnar explained that all annexation Resolutions presented to the Board are reviewed by the Police and Fire Departments for fire and police services. The Board was concerned with the notation in the Fiscal Plan regarding one (1) resident within this area. - F.O.P. Grievance -Police Department Mr. Bodnar explained that he has been unable to reach the F.O.P. President for any comments. It is also unknown whether any Police Department personnel will attend the regular meeting in regard to this agenda item. This is the next to last step in the grievance procedure; the next step would be arbitration. - Towing Statistics -Police Department Mr. Bodnar explained the rotating towing list which the City approved through a Resolution in 1998. The Police Department utilizes the rotating list for various situations, including removal of vehicle(s) as a result of an accident and non-plated vehicles. No monies are collected by the City of South Bend. Each towing company charges the same fee, and this fee is collected from the individuals. Each towing company must be insured and bonded with the City of South Bend. The annual report for towing statistics illustrates the distribution of tows among the towing companies. The number of tows per company, as indicated in the Resolution, is 1,200. The number of tows have gone down. - Charge OS-02 -Dismissal of Charges Mr. Bodnar stated he discussed Charge OS-02 with Mr. Gale Evans, and it was decided to dismiss the charge pending further court action. - Monthly Statistics -Fire Department Chief Luther Taylor indicated the January report has been corrected. The report indicates a comparison from 2004 to 2005. ADJOURNMENT There being no further business to come before the Board, President Rodriguez declared the meeting adjourned at 8:31 a.m. BOARD OF PUBLIC SAFETY 1 _!~~~~ Donald L. Alford, Me er 4.)!, ,4 C;4~ PUBLIC AGENDA SESSION T EST: u gel .Jacob, Cl EXECUTIVE SESSION MARCH 30, 2005 !/t./ Wesley B. y or tuber uanita Dempsey, Member MARCH 30, 2005 The Board of Public Safety met in Executive Session on Wednesday, March 30, 2005, at 8:20 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) and adjourned at 9:00 a.m. Board members did not discuss any subject matter other than the subject matter as specified in the Public Notice. TTEST: `~ Angel .Jacob, Clerk REGULAR MEETING BOARD OF PUBLIC SAFETY Jesu a odriguez, Preside ~~"- Donald L. Alford, nber Wesley B. Taylor r., M uanita Dempsey, Memb MARCH 30, 2005 The Board of Public Safety met in the regular meeting at 9:02 a.m. on Wednesday, March 30, 2005, with President Jesusa Rodriguez and Board Members Wesley B. Taylor, Juanita Dempsey and Donald Alford present. Also present were Police Chief Thomas H. Fautz, Fire Chief Luther Taylor and Board Attorney Thomas Bodnar. 1 1 1 The meeting was held in the Board of Public Works Meeting Room, 13`h Floor, County City Building, South Bend, Indiana. y,~i~ ' M \i2 REGULAR MEETING MARCH 30, 2005 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, F,xecutive Session, and Regular meetings of the Board held on March 9, 2005 would be accepted. It .was noted that on page 20, under the Retirement for Ronald Wisniewski, "Mr. Quinn" should be replaced by "Mr. Wisniewski". There were no objections by members and the minutes were accepted, with the noted correction. ~.~ , POLICE DEPARTMENT F.O.P. GRIEVANCE Mr. Bodnar stated that the grievance procedure requires a grievance to be submitted within seven (7) days. The date of the Grievance Form indicates March 31, 2004, which is beyond the time limit. It was noted the Board received and filed the Grievance on March 3, 2005. Upon a motion made by Mr. Alford, seconded by Mr. Taylor, the Grievance was disposed of. FILING OF 2004 SOUTH BEND POLICE TOWING STATISTICS Sgt. William Kraus, South Bend Police Department, presented the 2004 towing statistics, explaining the use of the rotating list. He also noted each tow company charges the same rate. Further, on April 1, 2005, the tow rates will increase. There being no further discussion, the 2004 South Bend Police Towing Statistics were filed. ADOPT RESOLUTION NO. 23-2005 - ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP (WAGGONER' S DAIRY FARM, INC, ANNEXATION AREA Mr. George Adler, Community and Economic Development, stated this was a 100% voluntary annexation of approximately 275 acres. He noted Police Department Beat 22 and Fire Station No. l l will cover this area. The Board noted on Page 4 of Fiscal Plan, one (1) resident would be annexed. Mr. Taylor stated that he has a business relationship with the principals in this annexation process, and will abstain from voting. Upon a motion made by Mr. Alford, seconded by Ms. Dempsey and carried, the following Resolution was adopted by the Board of Public Safety: RESOLUTION N0.23-2005 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 (WAGGONER'S DAIRY FARM, INC. 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 German Township, St. Joseph County, Indiana, which is described more particularly at Table 2, on pages 15-16 of Exhibit "A" attached hereto and incorporated herein; and ' WHEREAS, the territory proposed to be annexed encompasses approximately 274.89 acres of land containing one single family residence, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 18.6% contiguous, generally located at the southwest and southeast intersection of Adams Road and the St. Joseph Valley Parkway. It is anticipated that the annexation area will be developed eventually as a Planned Unit Development District, and it is proposed for rezoning within the City as Planned Unit Development District ("PUD") ..upon incorporation into the City limits and Common Council approval. This 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 of police and fire protection to be fiunished ~!_;~~ti REGULAR MEETING MARCH 30, 2005 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 real property located in German Township, St. Joseph County, Indiana, described at Table 2 on pages 15-16 of Exhibit "A" (The Fiscal Plan) attached hereto and made a part hereof 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 to 8 inclusive of Exhibit "A", for the furnishing of said services to the territory. to be annexed, and specifically the proposed addition of a new police , beat at such future time when the annexation area is more fully developed. Adopted this 30~' day of March 2005. BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA s/Jesusa Rodriguez, President s/Donald L. Alford, Member s/Wesley B. Taylor, Jr., Member s/Juanita Dempsey, Member ATTEST: s/Angela K. Jacob, Clerk FIRE DEPARTMENT CHARGE OS-02 -GALE EVANS -STIPULATION OF DISMISSAL President Rodriguez stated a Stipulation of Dismissal in the matter ofCharge No.05-02 against Gale Evans was presented to the Board, indicating the parties and their respective attorneys stipulate that this charge should be dismissed without prejudice. There being no discussion, the Stipulation of Dismissal was accepted and filed. , FILING OF MONTHLY STATISTICAL REPORT -FEBRUARY 2005 Chief Luther Taylor submitted to the Board the monthly report for the month of February 2005 complied by the Prevention/Inspection Bureau of the Fire Department. A summary is as follows: During the month of February the Fire Department responded to structure fire with property damage of buildings and contents entered at: f-~~ R~~,..,; i , , '.'~.e~ ~ 1 REGULAR MEETING February 2005 - $1,219,800.00 MARCH 30, 2005 February 2004 - $237,900.00 .Additionally, during the month of February, the Fire Prevention/Inspection Bureau performed inspections including compliances, violations and inspections: February 2005 - 580 `t~ -._. 107 Re-Inspections February 2004 - 455 71 Re-Inspections The Police /Arson Bureau performed investigations as follows: February 2005 - 18 Investigations, 7Arsons February 2004 - 14 Investigations, 1 Arsons ADJOURNMENT There being no further business to come before the Board, President Rodriguez declared the meeting adjourned at 9:15 a.m. BOARD OF PUBLIC SAFETY J s sa Rodriguez, President 1 1 A EST: ~ ' Angel .Jacob, Jerk ~~ G~~~-,'"' ' Donald L. Alford, tuber ~~t~. ~~ 1 1 1