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HomeMy WebLinkAbout09/14/05 Board of Public Safety MinutesOff. *,, :. Z ~1 l'~.f' PUBLIC AGENDA SESSION SEPTEMBER 14, 2005 The Board of Public Safety met in the Public Agenda Session at 8:12 a.m. on Wednesday, September 14, 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. Board members discussed the following item(s) from that list. - Resolution 62-2005 Mr. Bodnar stated that Resolution 62-2005 will be presented at the regular meeting by a representative from Economic Development. This resolution coincides with the overall plan for the area around Portage and Cleveland Roads and verifies Police and Fire Department services to the area. - Continuance of Hearing -Cannon -Police Department Mr. Bodnar stated that the hearing for Sergeant Nathan Cannon is being continued because the attorney for Chief Fautz in the matter, Attorney Joseph Simeri, would not be able to attend the meeting for the hearing as scheduled. The Board members discussed the scheduling for the hearing. The hearing for Ronald Johnson is scheduled for the October 5, 2005 Board of Public Safety meeting. - Continuance of Hearing -Johnson -Police Department Mr. Bodnar stated that the hearing for Ronald Johnson is being rescheduled as requested by his attorney, Peter Agostino. The Board discussed the scheduling for the hearing. The hearing for Ronald Johnson is scheduled for the October 5, 2005 Board of Public Safety meeting. - Promotions -Police Department Chief Thomas Fautz, Police Department, stated that the promotion for Sergeant Rynearson to Lieutenant would make him the Supervisor of the day shift and the Supervisor of the K-9 Unit. Chief Fautz stated that Sergeant Mattie Taylor is being promoted to Lieutenant for the Training Division. Chief Fautz stated that Sergeant Robert Lanchsweerdt is being promoted to the rank of Lieutenant in charge of Accreditation; this position is being created for the accreditation of CALEA. Three patrolmen are also being promoted to Corporal after successfully completing three (3) years of service with the South Bend Police Department. - Duty Manual Changes -Police Department Chief Thomas Fautz, Police Department, stated that the Duty Manual changes presented consolidates sections into the Travel Policy, spells out the existing pursuit policy to meet the new CALEA standards, and reinforces audio visual recording. Chief Fautz stated that the Board will see many changes in the Duty Manual to meet the new CALEA accreditation standards. Chief Fautz would like to make a presentation on the CALEA accreditation standards at an upcoming meeting. - Amendment to Notre Dame Football Agreement -Fire Department Mr. Bodnar stated that the Board signed a contract with Notre Dame at the August 24, 2005 meeting to provide emergency services during Notre Dame home football games. The amendment presented deletes the third ambulance but keeps personnel stationed at the stadium during the game. ADJOURNMENT There being no further business to come before the Board, President Rodriguez declared the meeting ' adjourned at 8:31 a.m. f ti ~~1~ ~/~ PUBLIC AGENDA SESSION BOARD OF Jesfusa Rodriguez, SEPTEMBER 14, 2005 1 ATTEST: Angela I .Jacob, Cler EXECUTIVE SESSION SEPTEMBER 14, 2005 The Board of Public Safety met in Executive Session on Wednesday, September 14, 2005, at 8:33 a.m. The meeting was held in the Mayor's Conference Room, 14"' Floor, County City Building, South Bend, Indiana, for the purposes specified in LC. 5-14-1.5-6.1 (b) (2) (B) and (b) (6) (A) and adjourned at 8:55 a.m. Board members did not discuss any subject matter other than the subject , matter as specified in the Public Notice. BOARD OF Rodriguez, ATTEST: ~~ ' ~ Angela .Jacob, Jerk G Donald L. Alford, Memb Wesley B. ay or, J . tuber ~--- anita Dempsey, Member REGULAR MEETING SEPTEMBER 14.2005 The Board of Public Safety met in the regular meeting at 9:00 a.m. on Wednesday, September 14, 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. The meeting was held in the Board of Public Works Meeting Room, 13t" 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 ofthe Board held on August 24, 2005 would be accepted. ADOPT RESOLUTION NO. 62-2005 - 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. PHASE II ANNEXATION AREAL Mr. Larry Magliozzi, Community and Economic Development, stated that the above referred to annexation is the second phase of an already existing plan for the German Township area. This is a voluntary annexation of approximately 198 acres. Police and Fire services are available. The development will be completed within five to eight years. Upon a motion made by Mr. Taylor, seconded by Mr. Alford and carried, the following Resolution was adopted by the Board of Public Safety: RESOLUTION N0.62-2005 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., PHASE II ANNEXATION AREA) 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 pagesl5-16 of Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the territory proposed to be annexed encompasses approximately 235.45 acres of land containing one single family residence and a number of service buildings, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 16% contiguous, generally located at the northwest and northeast intersection of Adams Road and the St. Joseph Valley Parkway and the northwest and northeast corners of Orange Road and Adams Road. 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 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 REGULAR MEETING SEPTEMBER 14, 2005 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: 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. 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 hereby does 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 an existing water main line should be sufficient to service this area; that adequate sewer service is presently available with upgrade of the lift station and some sections of the sewer main; that street lighting will be provided; that new public streets will be required to access the lots proposed for development with costs to be paid by the developer; and that the developer will pay the costs of an approved drainage plan which will be required in the annexation area. Adopted the 14`h day of September 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 APPROVAL OF REQUEST FOR CONTINUANCE -SERGEANT NATHAN CANNON President Rodriguez indicated that the Board is in receipt of an Appearance from Attorney Jeffrey E. Kimmell, representing Sergeant Nathan Cannon in the matter of a disciplinary matter. Mr. Kimmell requested this matter be continued to accommodate for the schedule of Attorney Joseph Simeri. Upon a motion made by Ms. Dempsey, seconded by Mr. Taylor and carried, the Request for Continuance was set for October 5, 2005; and was accepted and approved. 1 1 1 F y . ~~~~r4~ REGULAR MEETING SEPTEMBER 14, 2005 APPROVAL OF REQUEST FOR CONTINUANCE -CORPORAL RONALD JOHNSON President Rodriguez indicated that the Board is in receipt of a Request for Continuance from Attorney Peter Agostino, representing Corporal Ronald Johnson in regard to his request for back pay. Upon a motion made by Mr. Alford, seconded by Mr. Taylor and carried, the continuance was set for October 5, 2005, and the request was accepted and approved. SWEARING IN OF POLICE OFFICERS -ROBERT DOUGLAS WISE - MARTIN ELLIOT MULLINS Chief Thomas Fautz recommended that Mr. Robert Douglas Wise and Mr. Martin Elliot Mullins be accepted for employment on a probationary basis with the South Bend Police Department effective September 14, 2005. They have met the requirements of the application process of the South Bend Police Department. They are both certified police officers in the State of Indiana and will not have to attend the Indiana Law Enforcement Academy. Upon a motion made by Mr. Alford, seconded by Ms. Dempsey and carried, the recommendation was approved. Mr. John Voorde, City Clerk, was present, and administered the Oath of Office to the above listed individuals. The Board wished them well in their endeavors with the South Bend Police Department. ACCEPT AND APPROVE PROMOTION -JEFFREY RYNEARSON In a letter to the Board, Chief Thomas Fautz requested that Sergeant Jeffrey Rynearson be promoted from the rank of Sergeant to the rank of Lieutenant effective September 14, 2005. He was sworn into the South Bend Police Department on January 9, 1991. During his career, he has worked in the Patrol Division and in the K-9 Unit and is currently assigned to the K-9 Unit. Upon a motion made by Ms. Dempsey, seconded by Mr. Taylor and carried, the promotion was accepted and approved. ACCEPT AND APPROVE PROMOTION - MATTIE TAYLOR In a letter to the Board, Chief Thomas Fautz requested that Sergeant Mattie Taylor be promoted from the rank of Sergeant to the rank of Lieutenant effective September 14, 2005. She was sworn into the South Bend Police Department on August 17, 1982. During her career, she has worked in the Patrol Division, the Metro Special Operations Section, D.A.R.E., and is currently assigned to the Training Division. Upon a motion made by Mr. Alford, seconded by Mr. Taylor and carried, the promotion was accepted and approved. ACCEPT AND APPROVE PROMOTION -ROBERT LANCHSWEERDT In a letter to the Board, Chief Thomas Fautz requested that Sergeant Robert Lanchsweerdt be promoted from the rank of Sergeant to the rank of Lieutenant effective September 14, 2005. He was sworn into the South Bend Police Department on August 14,1996. During his career, he has worked in the Patrol Division, the Family Violence Special Victims Unit and the Investigative Division and is currently assigned to the Regional Crime Intelligence Unit. Upon a motion made by Ms. Dempsey, seconded by Mr. Taylor and carried, the promotion was accepted and approved. ACCEPT AND APPROVE PROMOTIONS - JENNIFER RADICAN - KENNETH STUART - KEITH WALKER In a letter to the Board, Chief Thomas Fautz requested that Ms. Jennifer Radican, Mr. Kenneth Stuart and Mr. Keith Walker be promoted from the rank of Patrolman to the rank of Corporal effective ' September 18, 2005. All three have successfully completed three (3) years of service with the South Bend Police Department. Upon a motion made by Mr. Alford, seconded by Mr. Taylor and carried, the promotions were accepted and approved. APPROVE DUTY MANUAL CHANGE - SECTION_423.00 -EVIDENCE: SUBMISSION OF CURRENCY In a letter to the Board, Chief Thomas Fautz requested approval of a change to Section 423.00 of the South Bend Police Duty Manual, Evidence: Submission of Currency, which is designed to prevent any accidental misplacement of monies and the quick discovery of any malfeasance. Upon a motion made by Ms. Dempsey, seconded by Mr. Alford and carried, the Duty Manual change was accepted and approved. ~ _k s ~`s'~k REGULAR MEETING SEPTEMBER 14. 2005 APPROVE DUTY MANUAL CHANGES -MOTOR VEHICLE USE In a letter to the Board, Chief Thomas Fautz requested approval of the following South Bend Police Duty Manual Sections: Section 441.00, Motor Vehicle Use, which is a consolidation of Articles 401.00, Accident Review Board; 420.00, Emergency Vehicle Operation; 423.00, Equipment Requirements for Patrol Vehicles; 423.01, Mobile Audio/Video Recording Equipment Standards and Policy; 432.00, Idling of Police Cars; 444.00, Non-Sworn Passengers in Police Vehicles; 452.00, Pursuit Policy; 459.00, Securing Departmental Equipment; 464.00, Towing and Service of Police , Vehicles; 465.00, Traffic Accidents Involving City Vehicles; 483.00 Take-Home Police Vehicle Program. Upon a motion made by Ms. Dempsey, seconded by Mr. Alford and carried, the Duty Manual changes were accepted and approved. APPROVE DUTY MANUAL CHANGE -SECTION 474 00 -TRAVEL POLICY In a letter to the Board, Chief Thomas Fautz requested approval of a change to Section 474.00 of the South Bend Police Duty Manual, Section 474.00, Travel Policy, which is designed to specify the travel policy of the South Bend Police Department. Upon a motion made by Ms. Dempsey, seconded by Mr. Alford and carried, the Duty Manual change was accepted and approved. ACCEPT DONATION TO SOUTH BEND POLICE DEPARTMENT Chief Fautz stated a generous donation was made to the South Bend Police Department by The Wal- Mart Foundation. The donation is to be used towards children's safety programs at Safetyville. There being no further discussion, the donation was accepted. ACCEPT DONATION TO SOUTH BEND POLICE DEPARTMENT Chief Fautz stated a generous donation was made to the South Bend Police Department by the South Bend Clinic of 200 packs of Quick Clot, an organic non-allergenic material for application directly to a wound to stop bleeding. Police officers will also be trained to utilize the new equipment. There being no further discussion, the donation was accepted. FIRE DEPARTMENT , APPROVAL OF AMENDED AGREEMENT- EMERGENCY MEDICAL SERVICES -NOTRE DAME UNIVERSITY Chief Luther Taylor submitted to the Board an Amended Agreement for Medical Services with Notre Dame University for the 2005 Football Season. Upon a motion by Mr. Taylor, seconded by Ms. Dempsey and carried, the Amended Agreement was approved. FILING OF MONTHLY STATISTICAL REPORT -AUGUST 2005 Chief Luther Taylor submitted to the Board the monthly report for the month of August 2005 complied by the Prevention/Inspection Bureau of the Fire Department. A summary is as follows: AUGUST AUGUST 2005 2004 STRUCTURE FIRES Property Damage--Buildings & Contents (Estimates) $148,010.00 $210,032.55 INSPECTIONS (Fire Prevention/Ins ection Bureau) 576 Inspections 410 Inspections 83 Re-Ins ections 56 Re-Ins ections INVESTIGATIONS (Police/Fire Arson Bureau) 7 ]4 Investigations Investigations 1 5 Arson Arson 1 t9~i~Jsa+ 1 REGULAR MEETING SEPTEMBER 14, 2005 ADJOURNMENT There being no further business to come before the Board, President Rodriguez declared the meeting adjourned at 9:15 a.m. BOARD OF PUB C ETY i ,~- ~Je u~~a//ffRodrigue , Presid ~ Wesley B. Dempsey, Member 1 1 ATTEST: c~ C. ~~ Ange K. Jacob, Clerk 1 1 1