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HomeMy WebLinkAbout08/24/05 Board of Public Safety Minutes;z;, , PUBLIC AGENDA SESSION AUGUST 24.2005 The Board of Public Safety met in the Public Agenda Session at 8:06 a.m. on Wednesday, August 24, 2005 with President Jesusa Rodriguez and Board Members Wesley Taylor, Juanita Dempsey and Donald Alford present. Also present were Police Chief Thomas H. Fautz, Investigative Division Chief Eugene Kyle, Fire Chief Luther Taylor and Board Attorney Thomas Bodnar. The meeting was held in the Board of Public Works Meeting Room, 13`" Floor, County City ', Building, South Bend, Indiana. Agenda Items Added: The following items were added to the agenda: - Request for Medical Leave - Request to Rescind Special Police Commissions - Minutes Mr. Bodnar stated the minutes had been reviewed. - Resolution No. 58-2005 - Adopting a Fiscal Plan for Mary Ann Powell/Sally Dunn Annexation Area Mr. Bodnar stated the Fire Department and Police Department can provide services to this area. Mr. Taylor stated the Resolution contained a possible error. Page l of the Resolution, 2"d Paragraph, 4"' line indicates "east", and Page 3 of the Fiscal Plan indicates "west". The Clerk will advise Community and Economic Development of this notation. - Appeal -Disciplinary Action -Police Department Mr. Bodnar indicated this will be discussed in the Executive Session. - Petition for Payment of Back Wages -Police Department Mr. Bodnar spoke with Attorney Peter Agostino, and both agreed to continue this agenda item until the next Board of Public Safety meeting. The Statute pertaining to this issue will be forwarded to Board of Public Safety members, according to Mr. Bodnar. ' -Request for Retirement -Police Department Chief Fautz stated the individual began employment with the Police Department in the Cadet Program and has worked with the youth of the community. Chief Fautz wished him well in his endeavors. - Amendment to Special Police Commission/Rescind Special Police Commission Mr. Bodnar explained the Amendment corrected the spelling of an individual's name, and a request to rescind two (2) Special Police Commissions. - Donation to Police Department Mr. Bodnar stated this letter acknowledges receipt of the donation. - Duty Manual Changes (Section 468.02(c) -Police Department Chief Fautz indicated the change corrects some wording in the Section, which are underlined. - Monthly Statistical Analysis -Police Department Chief Fautz indicated burglaries, larcenies and motor vehicle thefts are on the rise. Different divisions of the Police Department meet every other Thursday at 2:15 p.m. at the Police Department to discuss crime trends and solutions. Chief Fautz invited the Board of Safety members to attend if they wished. -Request for Extended Medical Leave -Police Department Mr. Bodnar stated this individual had surgery recently. Chief Fautz stated he has exhausted all available time, and has been diagnosed with cancer. Chief Fautz wished him the best of luck. - Monthly Statistical Analysis -Fire Department ' Chief Taylor stated there was' nothing out of the ordinary on this report. ADJOURNMENT There being no further business to come before the Board, President Rodriguez declared the meeting adjourned at 8:25 a.m. r1! 1 ~.A ~. PUBLIC AGENDA SESSION EST: Angela .Jacob, Cler EXECUTIVE SESSION AUGUST 24, 2005 BOARD OF PUBLIC Donald L. Alford, Member C~~~~ / Wesley B. aylor, Jr. ber uanita Dempsey, Mem er AUGUST 24, 2005 1 The Board of Public Safety met in Executive Session on Wednesday, August 24, 2005, at 8:30 a.m. The meeting was held in the Mayor's Conference Room, 14`x' 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 9:14 a.m. Board members did not discuss any subject matter other than the subject ' matter as specified in the Public Notice. Wesley B. aylo , J . ember ~yz~~ anita Dempsey, Member EST: Angela .Jacob, Clerk REGULAR MEETING AUGUST 24, 2005 The Board of Public Safety met in the regular meeting at 9:15 a.m. on Wednesday, August 24, 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 /'~'~ O •. Donald L. Alford, Mem [.~~~ REGULAR MEETING AUGUST 24, 2005 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 August 3, 2005 would be accepted. ADOPT RESOLUTION NO. 58-2005 - ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP (MARY ANN POWELL & SALLY DUNN ANNEXATION AREA) The Board noted the discrepancy of "east" and "west" on page one (1), Paragraph 2, Line 4, and Page 3 of the Fiscal Plan. Mr. Bodnar determined the Page 1 notation should be "west", and President Rodriguez could initial the correction on Page 1. Upon a motion made by President Rodriguez, seconded by Ms. Dempsey and carried, the following Resolution was adopted by the Board of Public Safety: RESOLUTION NO. 58-2005 WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by the sole (100%) property owner which proposes the annexation of real estate located in German Township, St. Joseph County, Indiana, which is described more particularly at Table 2, on page 14 of Exhibit "A" attached hereto and incorporated herein: and WHEREAS, the territory proposed to be annexed encompasses approximately 1.24 acres of land which is currently vacant, which property is at least 12.5% contiguous to the current City limits, ' i.e., approximately 57% contiguous, generally located on the west side of Portage Road, approximately 200 feet south of Brick Road, German Township, Indiana. It is anticipated that upon annexation and Common Council approval, the zoning will be changed from "R" Residential to "SF 1" Single Family Residential District, and that eventually the annexation area will be the site of a single family dwelling. For its expected future use, this annexation area 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, a storm water system and drainage plan; 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 services 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 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: .t' 4ti`~~t REGULAR MEETING AUGUST 24, 2005 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 page 14 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, a storm water system and drainage plan, 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 existing water mains and sewer main lines will be sufficient to service this area with the developer paying for the extension of an existing sewer main line; that the developer will install necessary street lighting at its expense; that the developer will construct and pay for any new public streets necessary to access the development area; and that a street drainage plan will be planned, provided and paid for by the developer subject to compliance with state and local law. Adopted the 24`x' day of August 2005. , BOARD OF PUBLIC SAFETY THE CITY OF SOUTH BEND, INDIANA s/Jesusa Rodriguez, President s/Donald Alford, Member s/Wesley B. Taylor, Jr., Member s/Juanita Dempsey, Member ATTEST: s/Angela K. Jacob, Clerk POLICE DEPARTMENT PETITION FOR PAYMENT OF BACK WAGES -RONALD JOHNSON Mr. Bodnar stated he spoke with Attorney Peter Agostino, and both agreed to continue this agenda item to the next Board of Public Safety meeting. CLOSED HEARING -DISCIPLINARY ACTION -SERGEANT NATHAN CANNON Chief Thomas Fautz assessed the following disciplinary action upon Mr. Nathan Cannon: Chief Thomas Fautz recommended that Sergeant Cannon be suspended from duty for five (5) calendar days without pay, which will be reduced to one (1) day upon the successful completion of a ' mandatory Anger Management Program through the Employee Assistance Program and also the completion of an Anger Management Program through the Employee Assistance Program. Mr. Cannon, in writing, has requested a hearing in this matter. Upon a motion made by Mr. Taylor, seconded by Mr. Alford and carried, a closed hearing was set for this matter on September 14, 2005, at 9:30 a.m., in a location to be determined. NOTE (location set after the meeting concluded): The hearing is scheduled to take place in the Legal Department, 1400 County City Building, South Bend, Indiana. ,rI f F~~:ya REGULAR MEETING AUGUST 24, 2005 ACCEPT AND APPROVE RETIREMENT -LIEUTENANT DAVE WOODS President Rodriguez advised that Chief Thomas Fautz has submitted to the Board the Application and Declaration for Retirement for Lieutenant Dave Woods, effective September 7, 2005. Chief Fautz noted that Lieutenant Woods has served the Department with loyalty and distinction during the last thirty-one (31) years and three (3) months. Chief Fautz joined the Board in thanking him for his commitment, dedication and years of distinguished service to the South Bend Police 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 Mr. Taylor and carried, the retirement was accepted and approved. APPROVE AMENDMENT TO SPECIAL POLICE COMMISSION-MICHAEL FEATHERSON In a letter to the Board, Police Chief Thomas Fautz indicated that the Special Police Commission approved at the Board of Safety meeting on August 4, 2005 for Mr. Michael Seatherson. The correct name for that a Special Police Commission should be issued as Michael Featherson. This Commission is issued for the on-street patrol parking enforcement personnel and does not include the carrying of a weapon or the powers of arrest. Mr. Featherson has met the Commission requirements of the South Bend Police Department. Upon a motion made by Ms. Dempsey, seconded by Mr. Alford and carried, the Special Police Commission was approved as amended. ACCEPT AND APPROVE REQUEST TO RESCIND SPECIAL POLICE COMMISSIONS - MICHAEL FEATHERSON - WILLIAM ARMSTRONG In a letter to the Board, Chief Fautz requested the Special Police Commission for the above referred to individuals be rescinded, as they ended their employment with Ampco Parking. Upon a motion made by Ms. Dempsey, seconded by Mr. Alford and carried, the request was accepted and approved. DONATION TO SOUTH BEND POLICE DEPARTMENT Chief Fautz stated a generous donation was made to the South Bend Police Department by Mr. Tiberius Mihalache for expenses associated with the Night Out Against Crime held August 2, 2005. Upon a motion made by Ms. Dempsey, seconded by Mr. Taylor and carried, the donation was accepted. ACCEPT AND APPROVE DUTY MANUAL CHANGE -SECTION 468.02 -GUN BELT Chief Thomas Fautz recommended approval of this change into the South Bend Police Department Duty Manual effective immediately. This change to the gun belt stating "Departmentally issued or approved handgun with departmentally issued ammunition" in Section C Number 3; "Pepper spray holder and/or Taser holster*" in Section C Number 6; "Departmentally issued Pepper Spray and/or Taser*" in Section C Number 7; "* Anyone issued a Taser must carry it while in Uniform" in Section C. Upon a motion made by Mr. Alford, seconded by Ms. Dempsey and carried, the change was accepted and approved. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT -JULY 2005 President Rodriguez indicated that unless there were questions or objections by members of the Board, the statistical report for the month of July 2005 as submitted by the Police Department, would be accepted for filing. There being no objections, the following report was accepted for filing: YEAR TO DATE PART I OFFENSES 2004 2005 CHANGE ~ ~ CHANGE MURDER 1 1 0 6 6 0 ' P.APE 4 7 + 3 39 41 + 2 ROBBERY 28 24 + 4 187 168 - 19 AGGRAVATED ASSLT 47 38 - 9 205 230 + 25 BURGLARY RES 83 103 + 20 501 564 + 63 BURGLARY NON RES 65 68 + 3 387 318 - 69 LARCENY 389 417 + 28 2622 2457 - 165 MOTOR VEH THEFT 50 74 - 24 305 314 + 9 ARSONS 13 11 - 2 37 48 + 11 GRAND TOTAL 680 743 + 63 4289 4146 - 143 s ~;~ REGULAR MEETING AUGUST 24, 2005 ACCEPT AND APPROVE REQUEST FOR EXTENDED MEDICAL LEAVE -SERGEANT DANIEL DUTRIEUX In a letter to the Board, Chief Fautz requested approval of a paid, extended medical leave of approximately forty-five (45) calendar days from September 2, 2005 to October 16, 2005, for Sergeant Daniel Dutrieux. Sergeant Dutrieux has been diagnosed with colon cancer, and he has used all his available time. Upon a motion made by Ms. Dempsey, seconded by Mr. Alford and carried, the request was accepted and approved. FIRE DEPARTMENT FILING OF MONTHLY STATISTICAL REPORT -JULY 2005 Chief Luther Taylor submitted to the Board the monthly report for the month of July 2005 complied by the Prevention/Inspection Bureau of the Fire Department. A summary is as follows: JULY JULY 2005 2004 STRUCTURE FIRES Property Damage--Buildings & Contents (Estimates) $458,700.OG $459,120.00 INSPECTIONS .(Fire Prevention/Ins ection Bureau 345 Inspections 392 Inspections 49 Re-Ins ections 105 Re-Ins ections INVESTIGATIONS (Police/Fire Arson Bureau) 30 15 Investigations Investigations 12 5 Arson Arson ADJOURNMENT There being no further business to come before the Board, President Rodriguez declared the meeting adjourned at 9:30 a.m. BOARD OF PUBLI~AFETY Jesusa,}~odriQuez, President Donald Wesley B. ~'aylor, J ~. Dempsey, Member A TEST: Angel K. Jacob, Cl 1 1