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____ 'Health and Public Safety Committee
2011 South Bend Common Council
The February 11, 2011 meeting of the Health and Public Safety Committee of the South Bend
Common Council was called to order by its Chairperson, Council Member Karen L. White at
7:30 a.m. at Allie's Cafe, 2323 Mishawaka Avenue in South Bend, Indiana. (Meeting notice
attached)
Persons in attendance included Council Members Rouse, White, Puzzello, Dieter and Henry
Davis, Jr.; and Kathleen Cekanski-Farrand, Council Attorney.
Discussion on the 2011 Committee Priorities:
Council Member White thanked everyone for come to this Committee meeting which will focus
on developing 2011 Committee Priorities. She then provided copies an a committee Agenda and
the Health and Public Safety Committee Annual Report for 2010 (copies attached)
Council President Dieter stated that he believed that the Committee under Karen's leadership did
an excellent job last year.
Open discussion then took place on issues and concerns. As a result of those discussions, the
Committee agreed to focus on the following topics:
• Citv Taxicab Regulations
Council Member White stated that the City Administration requested the Committee to meet to
hear their concerns regarding the current taxicab regulations. Two (2) committee meetings were
held and a draft ordinance was prepared by the Legal Department. It was noted that the Airport
also has regulations which differ from those enacted by the city. Concerns over the taxicab
market being saturated were noted. Concerns were also voiced that the draft ordinance has never
been updated to incorporate suggestions offered to the City Administration. The draft ordinance
posted on the city's website is dated October 2009. Following discussion, the following
recommendation was made:
Recomniendation: The City Administration will be asked to prepare a bullet point
summary of all of the suggested changes to the current taxicab regulations, along with
setting forth reasons for each proposal. The City Administration will be asked to update
the Health and Public Safety Committee on this topic at a 30-minute meeting to be called
for Mondav, February 28, 2011. There would not be open discussion on the proposal, with
this session focusing on hearing the purposes and reasons for each of the proposed changes.
Health and Public Safety Committee Meeting Minutes
February 11,2011
Page 3
of the recent ordinance passed by the Common Council requiring monthly reports. Once more
reports are filed,the committee will formally review the data.
• Tracking Mechanism
Council Member White noted that too often information which is requested from the City
Administration is ignored or not timely filed with the requesting Council Member or Committee.
Several Council Members voiced concern about the need to improve communication among
themselves and also with the City Administration. It was suggested that:
Recommendation: The City Clerk would be asked to develop a tracking mechanism on all
information requests made by the Council and/or individual Council Members by date of
request and summary of request. Responses from the City Administration would then be
given at the next Common Council meeting.
• Additional Topics for the Committee to Consider
It was also suggested that the Council Attorney move forward on the following items for the
Committee to consider:
-� Cost Recovery Fee Ordinance(s) for the South Bend Fire Department
-� Updating the local massage parlor licensing regulations in light of state law
—� Drafting licensing regulations for mini-marts at the request of Council Member
Henry Davis, Jr. who noted that he had had discussions with the City
Administration on this topic last year.
Council Member White stated that it will be a busy year for the Health and Public Safety
Committee. She thanked everyone for their input and suggestions. There being no further
business to come before the Committee, Council Member White adjourned the meeting at 8:45
a.m.
Respectfully submitted,
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Council Member Karen . White, Chairperson
Health and Public Safety Committee
Attachments
Health and Public Safety Committee Meeting Minutes
February 11,2011
Page 2
• Qualitv of Life Ordinances Progress
Council Member White noted that a chart had been prepared by the Council Attorney in the past
which summarized data on several quality of life ordinances. Following discussion, the following
recommendation was made:
Recommendation: The Council Attorney would be asked to work with the Ordinance
Violations Bureau Clerk and update the chart on the quality of life ordinances. Upon
review of the same by the Committee, the Committee would make recommendations for
ordinances which should be repealed or amended.
� Graffiti
Council Member White noted that Council Member Oliver Davis has been working on this. She
stated that initiatives like this should be made known to the Chairperson of the Committee before
being implemented. Based on comments from Council Member Henry Davis, Council Member
White, Council Member Rouse and Council President Dieter it was apparent that a much more
comprehensive approach to addressing graffiti is needed. It was noted that the police department
no longer has a gang unit, and that much of the graffiti appears to be gang related. Jeff Young
has voluntarily removed graffiti at his own expense. It was suggested that:
Recommendation: The City Administration be invited to a Committee meeNng to outline
how the city cleans-up graffiti [which must be done on a timely basis]; and also summarize
how the City enforces graffiti regulations,including the judicial process they are utilizing.
• Ille�al Dumping
Council Member White stated that illegal dumping is a city-wide issue. Council Member Henry
Davis suggested that "hot problem areas" should be addressed. Council President Dieter stated
that a plan to address illegal dumping should be presented by the Administration to the
committee. It was suggested that:
Recommendation: The Department of Code Enforcement would be invited to a meeting of
the Health and Public Safety Committee to hear their vision, plan, and accountability of
enforcement addressing illegal dumping. Data from the 2010 year on this topic should be
summarized by Code which addresses among other things manpower, costs to the city, and
costs paid by violators.
• Progress for Receiving Regular Updates from LeEal on Ordinance Violations
Council Member White noted that the first report from the Legal Department was received last
week which summarizes Code violation fines paid in their department. The reporting is a result
Health & Public Safety Committee
Annual Organizational Meeting
February 10, 2011
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Agenda
I. Call to Order
11. Review of 2010 Annual Report
111. Assessment of Committee's Accomplishments
IV. 2011 Focus/Issues/Concerns—Open Discussion
a. Amending Taxicab regulations
b. Quality of Life Ordinances Progress
c. Graffiti
d. Illega) Dumping
e. Districts Forums
f. Progress for receiving Regular Updates from Legal on Ordinance Violations
g. Other
V. EstablishingTimelines/Assessment of Committee's Progress
Health and Public Safety Committee
Annual Report
2010
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Date: December 8, 2010
To: The South Bend Common Council
The Office of the City Clerk
From: Council Member at Large Karen L.White, Chairperson
Health& Public Safety Committee
South Bend Municipa) Code 2:10(1)stated that"...Each standing committee shall report
periodically to the Common Council with an annual committee report highlighting activities of
the past year..." The following is a summary of the activities and accomplishments of the
Health & Public Safety Committee for 2010. The report will also list recommendations for the
upcoming year.
Health & Public Safetv Committee Duties:
Oversees the various activities performed by the Fire and Police Departments, EMS,
Department of Code Enforcement,ordinance violations, and related health and public safety
matters.
Members: There were four(4) Council Members on this Committee, namely: Council Member
Ann Puzzello,who is the Vice Chairperson; Council Member Henry Davis,Jr., Council Member
Timothy A. Rouse, and myself as Chairperson. Valerie Schey served as the Committee's citizen
member this year.
Meetin�s: To date this year,there have been thirteen (13) meetings of the Health & Public
Safety Committee,with (2) of those meetings being joint meetings with the Personnel &
Finance Committee.
2010 Health and Public Safety Committee Annual Report
December 8, 2010
Page 2
Committee 2010 Or�anizational Meetin�
The Heaith &Public Safety Committee held an organizational meeting on March 13, 2010,to
outline the committee's agenda as well as to ascertain priorities for the current year. The
following are concerns/activities that the committee determined it would review.
1. Review of Quality of Life Ordinances Summary
a. Update on enforcement and funds collected for violations for 2008/2009
b. Update regarding impact cell phone ban when driving
2. Review of current issues
a. Proposed timelines for the fotlowing issues:
i. Snow removal Ordinance
ii. Amending Taxicabs Ordinance
b. Fee Ordinance for SBFD (Proposed effective date—July 1, 2010)
c. Open Burning Ordinance
3. Proposed New Committee Items
a. Police Towing Proposal
b. Fees for drug vehicle seized
c. Improving transparency of ordinance implementation
i. Posting on the city websites of new regulation/monthly updates to City
Clerk
d. Prioritization of 2010 Committee Calendar
i. Special Meetings
1. Proposed Rezoning—South Bend Animal Care &Control Shelter
2. Taxi Ordinance
Summarv of 2011 Committee Activities:
Public safety concerns seem to always generate many topics warranting meetings of the Health
&Public Committee. I believe it is imperative to review the progress we have made on the
many quality of life issues in our city. Concerns over graffiti,grass cutting, and updating some
of the many city regulations on snow removal, massage establishments,taxicabs, are just some
of the continuing issues having health and public safety overtones. Improving implementation
procedures, as well as enforcement with enhanced training and educational efforts, have been
key items which warrant greater transparency and cooperation. This year, some of the topics
reviewed included:
➢ Discussion of the Committee's goals and priorities
➢ Discussion of the City Administration's recommendations to amend the City's current
taxicab regulations �
2010 Health and Public Safety Committee Annual Report
December 8, 2010
Page 3
➢ Discussion of the City Administration's recommendations to amend the City's cur�ent
open burning regulations which resulting in the proposed bill to be withdrawn
➢ Discussion of the emergency/public safety radio communication systems being
upgraded to an 800 megahertz band width with the discussion resulting in the proposed
appropriation being reduced
➢ Receiving an update on graffiti from Vice-President Oliver Davis
➢ Discussion of neighborhood issues and concerns—from street lighting&trash to be
City's enforcement processes and responsiveness
➢ Receiving a presentation on the proposed South Bend Animal Care and Control Shelter
which was held at Kennedy Academy which is located at 609 North Olive Street
➢ Discussion of the 2010 Justice Assistance Grant which would be used to update the
video cameras in twenty-seven (27) police squad cards by upgrading them from
analogue to digital
➢ Discussion of the public safety concerns involving the many new synthetic marijuana
products commonly referred to as Mr.Smiley,Spice, K2, etc.which was brought to the
committee's attention by Council President Dieter and the Senior Men's Club of the Dr.
Martin Luther King Recreation Center
➢ Discussion of the St.Joseph County Multi-Hazard Mitigation Plan which is a disaster
mitigation plan approved by the Federal Emergency Management Agency (FEMA) aimed
at having a collaborative effort of all local units of government in St.Joseph County
Senring on the Citv's Advisorv Ne�otiatin�Team for Police Ne�otiations:
As Chairperson of the Health & Public Safety Committee, I had the opportunity to spend many
hours serving as a member of the City's Advisory Negotiating Team, along with Council Member
Thomas LaFountain on the City Team who met with union representatives for the Fraternal
Order of Police Lodge#36. By having the same Council Members serve on the team this year as
last year, l believe helped in eventually reaching a tentative agreement and a total package
which the rank and file members of the South Bend Police Department overwhelming
2010 Health and Public Safety Committee Annuai Report
December 8,2010
Page 4
approved. These labor negotiations result in generating goodwill, in educating both sides of the
table, and to improving regulations related to salaries and monetary fringe benefits.
I am grateful that both of the Cit�s Advisory Teams for police and fire were successful in
reaching agreement on maximum salaries,wages and monetary fringe benefits for 2011 and
2012.
Year 2011:
The year 2011 will be a challenging year with many topics already on the agenda for the Health
and Public Safety Committee. January will have meetings on the updated recommendations
from the City Administration on taxicab regulations;on proposed snow removal regulations;
and on other items referred to the committee by the Council for review and recommendation.
The Committee will meet early in the year to discuss progress made on quality of life issues and
to establish key goals and priorities.
One item addressed in the draft bill addressing snow removal includes proposed provisions to
receive regular updates from the Legal Department on any ordinance violations listed in the
scheduled to be paid through the Ordinance Violations Bureau which has been referred to that
department. Such a provision will enhance communication between the various city offices
and provide greater transparency. In this way,the Council will be able to better track the
enforcement process and better oversee the monies due to an ordinance violation citation
being issued.
Health and Public Safety issues are top priorities for many of our residents. I pledge to continue
to make them a topic priority in 2011, so that collectively,working with the City Administration
we will have positive results. Thank you.
Respectfully submitted
Council Member Karen L.White, Chairperson
Health and Public Safety Committee
cc: Mayor Stephen Luecke
lohn Voorde, City Clerk
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Office of the City Clerk
John Voorde, City Clerk
February 8, 2011
TO: MEMBERS OF THE COMMON COUNCIL
FROM: JOHN VOORDE, CITY CLERK
The following Common Council Committee Meeting has been scheduled for Fridav. Februarv
11,2011, at Allie's Cafe.2323 Mishawaka Avenue South Bend, Indiana:
7:30 A.M. HEALTH AND PUBLIC SAFETY KAREN L.WHITE. CHAIRPERSON
1. 2011 Committee Priorities
2. Miscellaneous matters
cc: Mayor Stephen Luecke
Committee Meeting List
Media
455 County-City Building•South Bend,Indiana 46601 •(574)235-9221 •Fax(574)235-9173 •TDD(574)235-5567
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Chief Deputy Deputy Ordinance Violation Clerk