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Home My WebLink About03-23-11 Health & Public Safety Committee i�q'�� ;� '��- , ' Q � f tl .�Jl �• �� . ��'.� ��' t' t �` "''��i�' Health and Public Safety Committee 2011 South Bend Common Council The March 23, 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 3:35 p.m. in the Council's Informal Meeting Room. Persons in attendance included Council Members Varner, Dieter, White, Puzzello, Oliver Davis, and Henry Davis, Jr., Citizen Member Marcus Ellison, Assistant to the Mayor Lynn Coleman, Code Enforcement Director Catherine Toppel, Assistant City Attorney Ann-Carol Nash, Legal Intern Thushanti Dharmawardua, Timothy P. Hudak, and Kathleen Cekanski- Farrand, Council Attorney. Council Member White noted that the Committee Members include Council Members Puzzello, Rouse, Henry Davis, Jr., Citizen Member March Ellison and herself as Chairperson. She noted that there was a quorum of the Committee. Citv-Wide Approaches to Address GrafFiti: Council Member White noted that she called this Committee meeting so that discussion could take place on city-wide approaches to address graffiti. She noted that the topic was again raised at the last Common Council meeting. She added that the Health and Public Safety Committee identified graffiti as a topic which needed attention at its annual activities and goal setting committee meeting held earlier this year. She further noted that the topic of graffiti has been an ongoing topic of discussion going back to at least 2008. Council Member White stated that graffiti is not just a District problem, that it is a city-wide problem. Some Districts experience more tagging than others. She stated that the Administration, the Common Council and residents need to work together, since this is a quality of life issue. She then called upon the Council Attorney to give a summary. Council Attorney Kathleen Cekanski-Farrand then summarized her March 22, 2011 memorandum (copy attached) She noted that her files on graffiti go back to 2004. Relevant Indiana state laws on graffiti include: Indiana Code § 35-41-1-12.3 Definition of Graffiti Indiana Code § 35-41-1-4.6 Penalties for violation include community service and restitution Indiana Code § 31-37-19-17 Delinquent acts of graffiti may result in the Suspension of a driver's license or the invalidation Of a learner's permit Indiana Code § 35-43-1-2 Penalties for criminal mischief She noted that Council Member White requested information specifically on how the City of Elkhart addresses graffiti. She stated that Elkhart: •,•.i , �� '�� iK.. Health and Public Safety Committee Meeting of March 23, 2011 Page 2 • Enforces both their city nuisance ordinance and the Indiana state law • Elkhart has a "Hot Line" to report graffiti • Elkhart has "On-line" reporting of graffiti • Reporting graffiti triggers the Elkhart Police Department t to photograph the graffiti, gang track it, create a property damage police report, and "immediate abatement" if the graffiti is located on City-owned property She added that Elkhart has media coverage on suspects charged with violations involving graffiti and an educational campaign. She concluded her remarks that in her discussions with Mayor Luecke on Monday, that he was to have a representative from the City Administration to provide a graffiti update today. Council�Member White stated that it was her understanding that Police Chief Boykins and Council Member Oliver Davis have had discussions with possibly using VIPS. She stressed that a comprehensive approach that is ongoing and sustainable is what the City � needs. She does not believe that a one-time approach would be sufficient, that the approach must be ongoing. Council Member White stated that "we owe it to the community to address graffiti and look at all mechanism to deter it and to clean it up". Code Enforcement Director Catherine Toppel stated that Code Inspectors sent pictures of graffiti to Crime Prevention to see if it is gang related. Council Member Puzzello suggested that an update be given by the Police Department on gang symbols, as part of a public awareness campaign. Council President Dieter stated that he is unaware if Crime Prevention keeps a data base on gang graffiti. He believes that Chief Boykins needs to dedicate people to this and to have a cumulative data base. He offered to take Council Member Puzzello around the city to see the gang graffiti. Council Member Henry Davis, Jr. stated that he is looking for results. He is dismayed that "all we have is graffiti" which has not been removed for months. He stated that he does not believe that it matters who did it, but that it should be cleaned up. He asked what city department is in charge of handling graffiti? Council Member Oliver Davis stated that it was his understanding that young people would be working in a Summer Program this year beginning the first week of June. It was also his understanding that the Parks and Recreation is supposed to take care of graffiti and that monies were set aside for them. Code Enforcement Director Catherine Toppel stated that using Parks and Recreation was a one-time item where they painted over graffiti which was located on park property only. a� a 1 t�y-. : �� i�, Health and Public Safety Committee Meeting of March 23, 2011 Page 3 Council Member White stated that this is a good example of why we need clarity on this issue. Dr. Varner noted that it appears that other communities are able to cover over graffiti when temperatures are below 55 degrees. If taggers know that their "art work" is being destroyed and covered in a timely manner, he thinks it would aid in deterring graffiti. Council Member Henry Davis, Jr. again asked what city department is in charge of graffiti abatement, because it appears that there is none. He agrees that a comprehensive approach is needed, citing Ford and Meade Street and several other locations. He wants South Bend to be "clean and safe, and with all of the graffiti it look like it is not". Assistant to the Mayor Lynn Coleman apologized to the Committee. At the City Administration level, the Police Department through Crime Prevention handles graffiti, as well as through Summer Programs and Code Enforcement plays a supportive role. It appears that "we have not put together a good job". At the last City Administration Staff meeting there was discussion. He would like to assemble the Mayor, Chief Boykins, Gregg Zientara and Catherine Toppel and report back in a couple of weeks with an update. He stated that this is not new, that it is vandalism to buildings, but Police cannot do it by themselves. He noted that a Task Force has been used in the past. Mr. Coleman stated that "we need to get some answers". Council Member White stressed that "we are now at a point where graffiti must be addressed". It must be a comprehensive approach which is sustainable. She noted that if other cities can address it, South Bend should be able too also. Council Member Henry Davis inquired what the findings of the Task Force were when it was used. He stressed that he and the Council are looking for results. He added that perhaps some new people need to be added to the table. Mr. Coleman stated that they identified who the suspects were; worked with the Juvenile Justice Center and worked through the system. � Council Member Oliver Davis suggested that the Prosecutor's Office needs to be part of the discussion. ' Dr. Varner stated that he sees the problem as a two-fold issue: (1) What do we do — paint over in a timely manner, etc; and (2) What are the causes of graffiti and address them. If it is a social issue addresses it. Are more monies needed to make graffiti abatement a priority? 'S�r I '' i t: .:! . �` i�. Health and Public Safety Committee Meeting of March 23, 2011 Page 4 Council Member White agreed with Dr. Varner's assessment. She stated that people have to know that "graffiti in South Bend is not acceptable". The Council Attorney noted that Elkhart and other communities appear to stress in their graffiti abatement programs that there are consequences to tagging. PR campaigns against graffiti, educational programs, and judicial intervention all are part of the process. She added that she provided copies of the City of Sacramento's flow chart on their graffiti abatement program a few years ago. A similar flow chart on how South Bend handles graffiti would appear worthwhile. Elkhart also uses their Street Crimes Unit of their Police Department in attacking graffiti. Her research of communities which have restrictions on selling spray paint have had limited success, and that there is a cost involved in implementing such regulations. Assistant City Attorney Ann-Carol Nash stated that she met with Police Chief Boykins several months ago. She offered to work on this, noting that the state laws referred to by the Council Attorney are the relevant governing regulations. Council President Dieter stated that he would not be in favor of local legislation regarding the sale of spray paint. He noted that "kids talk and a monetary or iphone reward program may be much more effective". Judge Nemeth and his staff also needs to be involved. Council Member White suggested reconvening on graffiti in two (2) weeks. The Mayor's Office would again be asked to give an update. She again stressed that "it must be a final update on a comprehensive program which is sustainable". She also suggested that their needs to be a PR blitz using public service announcements, neighborhood associations, schools, brochures, rewards, incentives, hotlines, calls ins, computer tracking, etc. Perhaps a representative from Elkhart could also be invited. Council Member Oliver Davis suggested that City Controller Gregg Zientara be asked to review the current budget to see if there were any monies which could be earmarked. He added that he was glad that this Committee meeting was called, since it is apparent that there are many disconnects. Council President Dieter stated that South Bend needs to be much more organized. When Captain Wanda Shock was on the Police Department, it was much more effective. He also noted that 6-8 years ago, Ducomb Center was used also. He believes that the Mayor need to authorize the Chief to identify officers and create a data base. Council Member White then opened up the meeting to comments from the public. �� K � c: .:,, . i i�. Health and Public Safety Committee Meeting of March 23, 2011 Page 5 Timothy P. Hudak of 525 South Phillipa Street noted that as a city resident he has seen more graffiti throughout his neighborhood and near the West Side Democratic Club. "Some one is dropping the ball. There is far too much vandalism". He would favor that you would have to show an ID card when you purchase spray paint. He favors public service announcements and other pro-active measures. He volunteered to be a part of the solution. Council Member Puzzello stated that with a new City Administration coming in next year, "the City needs to get a graffiti abatement program done now". Council Member White stated that she will continue to push for time lines and will not let this issue drop. She stated that she expects a specific action plan from the City Administration in two (2) weeks. She then set the next Health and Public Safety Committee meeting for Wednesday, April 6, 2011 at 3:30 p.m. to hear the City Administration's action plan to address graffiti. Council Member White noted that there is a consensus that the city must address graffiti. We must work together on a "comprehensive and sustainable program". There being no further business to come before the Committee, Council Member White adjourned the meeting at 4:29 p.m. Respectfully submitted, ( /CL'`'`-� � �_��, Council Member Karen L. White, Chairperson Health and Public Safety Committee Attachment