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HomeMy WebLinkAbout09/15/10 Board of Public Safety MeetingPUBLIC AGENDA SESSION SEPTEMBER 15 2010 74 The Board of Public Safety met in the Public Agenda Session at 8:08 a.m. on Wednesday, September 15, 2010 with Board President Juanita Dempsey and Board Members Patrick D. Cottrell, Bruce J. BonDurant, Laura Vasquez, and Eddie Miller present. Also present were Board Attorney Thomas Bodnar, Police Chief Darryl Boykins, and Fire Chief Howard Buchanon. The meeting was held in the Board of Public Works Meeting Room, 13th Floor, County City Building, South Bend, Indiana. Board members discussed the following items: - Additions to the Agenda Attorney Thomas Bodnar noted the addition of two items to the agenda for the Police Department. The Monthly Statistical Analysis for the month of August, 2010 and the filing of Charges No. 2010 -06 against Corporal Anthony Scott were added. Mr. Bodnar informed the Board that they would accept the Charges for filing as usual, but the serving of the Charges would be different. He stated he would be requesting a Notice of Evidentiary Deposition be included with the serving of the Charges notifying Mr. Scott of a deposition being taken from the Michigan Police officer who witnessed the events that led to the charges. Mr. Bodnar also noted a corrected letter from Chief Boykins regarding the permanent promotion of Lieutenant Christopher Voros was being distributed to Board members. - Review of Minutes of Previous Meeting Mr. Cottrell noted an error in the Special Meeting Minutes of September 2, 2010 in the date of the next regularly scheduled meeting. The Minutes stated September 2, 2010 as the next meeting, but it should state September 15, 2010. - Approve Agreement — Weed and Seed Alliance Ms. Pam Meyer, Community Development, stated she is the Director of Administration of the Weed and Seed program. This contract is for the Northwest site sports program. She noted funding is included to pay the Police Department $832.00 for instructing a youth boxing program. Ms. Meyer stated there was an independent contractor hired to administer the contract that did not work out. It has been brought in -house now and they are finalizing the contract. This resulted in the contract's approval being delayed. It is now ready for approval so the Police Department can get paid. Ms. Meyer added she is working on another contract for the next year that will be presented to the Board in a much timelier manner. - Employees of the Month — July 2010 Police Chief Boykins stated Sergeant Chris Kronewitter was selected as Employee of the Month for his excellent work in the arrest of several suspects in a string of home burglaries in the Northwest side of town. He told the Board Sergeant Kronewitter found a fingerprint on an air conditioner at one of the homes and was able to match it to a suspect in the burglary, who confessed to the crime as well as fifteen to twenty others in the area. The suspect also gave Police the names of several others involved in the burglaries. Police were able to solve multiple burglary cases when they drove the suspect around and he pointed out the homes he had broken into. Chief Boykins noted the group was doing the burglaries to support their drug habits. Chief Boykins stated the other person, Corporal Gregory Early, also selected as Employee of the Month did an excellent job with his drug dog of drug busts in the month of July. - Filing of Charge 2010 -06 — Police Department Attorney Bodnar stated the Board would need to schedule a Special Meeting to set a Hearing if it is requested by Corporal Anthony Scott. He recommended the Board tentatively set the meeting for Wednesday, September 22, 2010 at 8:00 a.m. in the Boardroom, 13th Floor, County -City Building. - Charges 2010 -05 — Fire Department Attorney Thomas Bodnar stated a letter was received from Firefighter Jordan Jostes, tendering his resignation effective on October 22, 2010. Mr. Bodnar stated he is requesting the Board defer their decision until requested by either party. He noted Mr. Lewis, Jordan's attorney is currently in negotiations with the Mishawaka Fire Union. Mr. Bodnar stated he will have a signed agreement drawn up by both attorneys asking to defer their decision until requested by either attorney. ADJOURNMENT There being no further business to come before the Board, President Dempsey declared the PUBLIC AGENDA SESSION meeting adjourned at 8:28 a.m. ATTEST: "Leda M. ta)-) rtin, Cle SEPTEMBER 15, 2010 75 BOARD OF PUBLIC SAFETY Juanita Dempsey, President l� Patrick D. Cottrell, ember EXECUTIVE SESSION SEPTEMBER 15, 2010 The Board of Public Safety met in the Executive Session on September 15, 2010, at 8:30 a.m. The meeting was held in the Mayor's Conference Room, 14th Floor County City Building, South Bend, Indiana, for the purposes specified in I.C. 5- 14- 1.5 -6.1 (b) (2) (A) and (b) (6) (A) and I.C. 5- 14- 1.5- 6.1(b)(7). Board President Juanita Dempsey, Board Members Bruce J. BonDurant, Patrick Cottrell, Laura Vasquez, and Eddie Miller were present. Also present for part of the meeting were City Attorney Charles Leone, Board Attorney Thomas Bodnar, Police Chief Darryl Boykins, and Fire Chief Howard Buchanon. Board members did not discuss any subject matter other than the subject matter as specified in the Public Notice. The meeting adjourned at 9:35 a.m. BOARD OF PUBLIC SAFETY u' - Juaaita Dempsey President Patrick D. Cottrell, Member Eddie- Mil er, Member REGULAR MEETING ATTEST: �•_ Linda M. Martin, erk SEPTEMBER 15 2010 76 REGULAR MEETING SEPTEMBER 15, 210 The Board of Public Safety met in the regular meeting at 9:40 a.m. on Wednesday, September 15, 2010, with Board President Juanita Dempsey, and Board Members Bruce J. BonDurant, Patrick D. Cottrell, Laura Vasquez, and Eddie Miller present. Also present were Police Chief Darryl Boykins, Fire Chief Howard 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. ACCEPT MINUTES OF PREVIOUS MEETING President Dempsey stated that unless there were any objections, the Minutes of the August 25, 2010 meeting and the Special Meeting of September 2, 2010 would be accepted as presented with the one noted change. ADOPT RESOLUTION NO. 58 -2010 — 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 STATE ROAD 23 AND MAPLE LANE ANNEXATION AREA Mr, Jeff Vitton, Community and Economic Development, informed the Board that this annexation was requested by the property owner Leroy Yoder, owner of Garden Homes that will be annexed. The request was made to allow for a change in the zoning to open a Massage Therapy business. It was formally a family structure used as an office. He noted the Board of Works approved the Annexation on Monday and the Common Council would be addressing the zoning at their next meeting. Mr. Vitton stated this small additional area would not require an increase in Police patrol. He noted the Resolution states Fire Station No. 12 will be servicing the area, but it should be No. 12. Mr. Vitton stated that would be corrected. Due to the nature of the business, which is legitimate, he added, the hours of the Massage Therapy business will be limited to 6:00 a.m. to 10:00 p.m. Mr. Vitton told the Board the cost to the City for this annexation would be approximately $6,000 over five years, and the resulting revenue to the City would be about $18,000. Mr. Vitton informed the Board that the legal description is incorrect and a survey is currently being re -done to correct it before it goes to the Common Council. Mr. Bodnar asked if the entire intersection is included. Mr. Vitton stated they would be annexing the entire right -of -way at the intersection, but State Road 23 is owned by the State so it is a redundant issue. Upon a motion made by Ms. Vasquez, seconded by Mr. Miller and carried, the following Resolution was adopted by the Board of Public Safety: RESOLUTION NO. 58-2010 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 (STATE ROAD 23 AND MAPLE LANE 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 13 of Exhibit "A" attached hereto; and WHEREAS, the territory proposed to be annexed encompasses approximately 0.15 acres of land containing one structure with a detached garage, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 34.2% contiguous, generally located at the Southeast corner of State Road 23 and Maple Lane Ave. It is anticipated that the annexation area will be a message therapy business allowable under "OB" Office Buffer zoning. REGULAR MEETING SEPTEMBER 15 2010 77 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 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 real property described more particularly at Page 13 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 5, 6, and 7 of Exhibit "A ", for the furnishing of said services to the territory to be annexed. Adopted the 15th day of September, 2010. BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA s /Juanita Dempsey President s /Patrick D. Cottrell, Member s /Bruce J. BonDurant, Member s /Laura Vasquez, Member s /Eddie Miller, Member ATTEST: s /Linda M. Martin, Clerk ADOPT RESOLUTION NO. 60 -2010 — 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 (STADIUM. PLACE .PHASE TWO ANNEXATION AREA Mr. Jeff Vitton, Community and Economic Development, informed the Board that this annexation was requested by the property owner, Mr. Troeger, to add two buildings with sixty - three units to match the existing buildings he has developed. Once complete, Mr. Vitton noted, the entire parking lot will be enclosed and will not be visible. He noted there are three residents in this area, and one will be moved. Mr. Vitton stated the Board of Works approved the annexation on Monday. He added there will be no affect on either the Fire or Police Departments. Mr. Vitton noted this is a high -end development with anticipated revenue of $630,000 in property taxes, based on the assessment of $100,000 per unit or approximately $6.3 million. He noted the expense to the City of the annexation would be approximately $20,000 over five years. Upon a motion by Ms. Vasquez, seconded by Mr. Miller and carried, the following Resolution was adopted by the Board of Public Safety: REGULAR MEETING SEPTEMBER 15, 2010 78 RESOLUTION NO. 60 -2010 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 (STADIUM PLACE PHASE TWO 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 2.2 acres of land containing single family structures, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 43.9% contiguous, generally located near the northwest corner of Vaness and Willis Avenue (54703, 54719, 54739 Willis Avenue). It is anticipated that the annexation area will be developed for two three - story, multi - family buildings with a total of 60 units. These uses 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 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 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 Hl. 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 5, 6, and 7 of Exhibit "A ", for the furnishing of said services to the territory to be annexed. Adopted the 15th day of Se tember, 2010. BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC SAFETY s /Juanita Dempsey President s /Patrick D. Cottrell, Member s /Bruce J. BonDurant, Member s /Laura Vasquez, Member s/Eddie Miller, Member REGULAR MEETING ATTEST: s /Linda M. Martin, Clerk POLICE DEPARTMENT SEPTEMBER 15 2010 79 APPROVE PERMANENT PROMOTION — SERGEANT CHRISTOPHER VOROS In a letter to the Board, Chief Boykins recommended that Sergeant Christopher Voros be promoted permanently to the rank of Lieutenant effective September 23, 2010. Chief Boykins stated in his letter that Sergeant Voros was placed in a special assignment as a Lieutenant in the Services Division on September 23, 2009. This special assignment required several evaluations to be completed for one year to note the progress he was making as a supervisor. Chief Boykins stated that Lieutenant Voros always accomplishes more than requested of him. He noted he was responsible for a $3.5 million grant, for starting a Hispanic Community Outreach program, and has been responsible for getting cars and equipment for the Police Department. Sergeant Voros was present, and the Board joined the Chief in congratulating and thanking him for his superior work and promotion. Upon a motion made by Mr. BonDurant, seconded by Mr. Miller and carried, the recommended permanent promotion was approved effective September 23, 2010. APPROVE PROMOTION TO COPORAL LIST - Kyle Dombrowski - Christopher Fey - Matthew Mason - Brian Meador In a letter to the Board, Chief Boykins recommended the above listed individuals be approved for promotion from the rank of Patrolman to the rank of Corporal, effective September 26, 2010. The above officers have successfully completed three (3) years of service with the South Bend Police Department. Upon a motion made by Mr. BonDurant, seconded by Mr. Miller and carried, the above list of candidates eligible for promotion to Corporal was approved effective September 26, 2010. ACCEPT AND FILE RECOMMENDATION FOR EMPLOYEES OF THE MONTH — JULY 2010 In a letter to the Board, Chief Boykins stated that Corporal Gregory Early and Sergeant Chris Kronewitter were selected as Employees of the Month for July 2010. The award is to recognize officers, civilian employees, on the South Bend Police Department who have demonstrated actions noted by supervisors or citizens from both a professional law enforcement position and in support of the community policing efforts with citizens of South Bend. There being no further discussion, President Dempsey stated the recommendation would be accepted for filing. APPROVE WEED AND SEED 2009 -2010 SERVICE AGREEMENT Attorney Thomas Bodnar presented the Board with the above agreement with the Weed and Seed Alliance, Inc, noting in his Memorandum that the agreement should have been signed last year. The contract is for a not to exceed amount of $832.00 to be paid to the City of South Bend Police Department for providing a Youth Sports Mentoring Program at a facility within the Weed and Seed Northwest site. Upon a motion by Mr. BonDurant, seconded by Mr. Miller and carried, the Agreement was approved. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — AUGUST 2010 President Dempsey indicated that unless there were questions or objections by members of the Board, the statistical analysis report for the month of August 2010, as submitted by the Police Department, would be accepted for filing. There being no objections, the following report was accepted for filing: AUGUST AUGUST PART _IOFFENSES 2009 MURDER RAPE ROBBERY AGGRAVATED ASSAULT BURGLARY RESIDENT BURGLARY NON RESIDENT 2010 YEAR TO DATE CHANGE JL91 JUO CHANGE 0 0 0 8 3 - 5 2 8 + 6 35 35 0 25 42 + 17 221 225 + 4 38 42 + 4 266 239 - 27 160 149 - 11 919 1145 + 226 46 62 + 16 325 345 + 20 REGULAR MEETING SEPTEMBER 15, 2010 80 LARCENY 351 347 - 4 2516 2234 - 282 MOTOR VEHICLE THEFT 35 33 - 2 227 214 ARSONS 5 4 - 1 27 33 8 + 6 GRAND TOTAL 662 687 + 25 4544 4478 - 66 FILING OF CHARGES 2010 -06 —CORPORAL ANTHONY SCOTT The Board was presented with Charges signed by Police Chief Boykins against Corporal Anthony Scott. Attorney Bodnar stated that given there are allegations contained in this case and it is outside of the State of Indiana, he is asking for a Notice of Evidentiary Deposition be also filed and served on Corporal Scott along with his Charges. Upon a motion by Mr. BonDurant, seconded by Mr. Miller and carried, the Board accepted the filing of Charges 2010 -06, and requested the Clerk have the Charges served upon Corporal Scott along with the Notice of Evidentiary Deposition. The following charges were filed: FACTUAL ALLEGATIONS On June 26, 2010 at approximately 10:00 p.m., Anthony Scott, a sworn member of the South Bend Police Department, while off duty in a vehicle westbound on 1 -196 near the 44th Street off ramp in Grandville, Michigan, twice struck Tamara Sue Brinks, an individual with whom he had a dating relationship. Although previously Brinks had not let Scott drive the car because she felt he was too drunk and he subsequently tested with a blood alcohol level of 0.203 on the PBT, Scott drove off in the vehicle. He was arrested by the Grandville Police Department and charged with domestic violence in the 59'h Judicial District Court of the State of Michigan, Cause No, G10 -0563. On August 4, 2010 Scott pled guilty to a violation of Section 15 -66 of the Grandville City Ordinance (Attached as Exhibit "A "), a misdemeanor in the State of Michigan. CHARGES COUNT I On August 4, 2010 Cpl. Anthony Scott was convicted of a crime in 59`h Judicial District Court of the State of Michigan which is a violation of I.C. 36- 8- 3- 4(b)(1). COUNT II By driving the automobile on June 26, 2010, Scott violated Rule 302.00(A)(2) and (3) of the South Bend Police Department Duty Manual and committed conduct unbecoming a South Bend police officer, all in violation of I.C. 36- 8- 34(b)(2)(B),(G), and (H). COUNT III By striking Tamara Sue Banks on July 26, 2010, Scott violated Rule 302.00(A)(2) and (3) of the South Bend Police Department Duty Manual, Domestic Violence General Order No. IV and committed conduct unbecoming a South Bend police officer, all in violation of I.C. 36-8 - 34(b)(2)(B),(G), and (H). FIRE DEPARTMENT CHARGES 2010 -05 — JORDAN JOSTES Attorney Thomas Bodnar informed the Board of a letter of resignation received from Firefighter Jordan Jostes on September 14, 2010. In his letter, he requested the Board approve his resignation effective October 22, 2010. Attorney Bodnar stated he is waiting for feedback from Mr. Jostes' attorney, Chip Lewis. He informed the Board that he had spoken to Mr. Lewis but did not know if the message had been conveyed to Mr. Jostes yet. Mr. Bodnar suggested since the Board was in limbo currently, waiting for feedback, they should adjourn or recess and set a continuation of this meeting, or a meeting on this matter. However, Mr. Cottrell made a motion that Firefighter Jostes resign effective today, September 15, 2010, by 4:30 p.m. or his employment be terminated with the South Bend Fire Department, Mr. BonDurant seconded the motion, which carried. Attorney Bodnar stated the Board would need to schedule another meeting to deal with this once contact is made with Mr. Jostes. The Board agreed to set a Special Meeting on Wednesday, September 22, 2010 at 8:00 a.m., in the Boardroom, 1308 County -City Building. ADJOURNMENT REGULAR MEETING SEPTEMBER ,15, 20t0 81 There being no further business to come before the Board, President Dempsey declared the meeting adjourned at 10:05 a.m. BOARD OF PUBLIC SAFETY Juanita Dempsey, President Patrick D. Cottrell, Member ATTEST: Zda M. Martin, Jerk