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HomeMy WebLinkAbout03-26-06 Health & Public SafetyHealth end ttpli~ ;~e Cant ?~IUG got~Ch i3erxl C`i>,~,.3~~or~ ~'oi3iici? Tl~e ~arci~ ~?, ZQ[i~~ ~t~eetins~ €~f the ~ealtll and l~ulapic Safety Co~n~~aittce Evan called to order at ~:O® p.m. by its Chairperson. Celrncil I~l:et~l~er Karen I;. ~h.ite in. the Corancil's lnfonnal. Meeting Roo~~t. Persons iri attendance incl.€gded Council. 1!?[e~nbers 1'uzzello, ~Uhite, Varner, Kelly, .Dieter, attd Rouse; TViartha Lewis, S.B Sgt. ~€ahn F. Szuba, S.B Sgt. Jat~es ~valsh, Sl3 Sgt. Scott l3t-yant, Yer7in Y€~ung, l~il:e .tilorris, Belinda. Morris, Role Kuk, n-ector <~f Code ~nforcen~ent Catherine T€~ppel, Cary L,c;vii~, City ~.ttorne~~ ~.4harles t:eone, l~a~-i.d IVlirl`itt, Randy Schlipp, Janie f.,oo of the ~ti~~~.rt~~~ ~3er~~a' I i~ih~,rne. and F~athl~cn ~~el~ans~i-parrand, Council Ott€~r't~.ey~. Council ~en~ber White noted that the Cotnt~tittee tnetnlaers include C.€~uncip Met~~bers Varner, Ku~pa, l'uzzel.i.o a~ad l~erseiF,. and. Citizeta n~en~laer Cl'ld-istie M. i~/l:cCupl~,~. She asE~ed everyone t€~ si~n~ the sig~~-ire sheet ~~ll~ich wa.s l~eiatg eir€-uiatecl ~c-c~prr attached)- $iLp Noe 14-D6: C:~ert~~ilit the 'heft m~-~I~aina~Et~9 ~`€~er ~sn~f .~~~~le Ifs: C~unc.il Nie~~nber Viihite nc3ted that South Bend and surrout~clin.~; cc~rn~nunities at°e; p:ttc~r3;~p sitt.-ati€~ns where alt.~.n~inE.~t~t sitlln.g p~rcttn `tto€~les ars.d br.rsitaesses are being stri.ppecl fr€~~~ tl~cir structures in both occupied and non-occupied sitrtaticaa~s. `l`he proposed €ardinan~e sets forth procedures a~ad guidepines ~~vhich va~oul.d create additional tools f®r the city to lac safer. ~~ie t3ren called upon Ct~ur~cil l~l€;tnber l~ieter,ll~e train sl7onsor of the Bill $'ar a formal press:ntation. ~'c~uncil l'~leinl;er deter notr:.cl that r~a?~y ~ieighhors l~.~ve lirc,ught to his attention and to the attetttiott of vat-ir~us n~i~i~b€~rf~oQd groups that alun~i~~u3~ sidi:~~ is t~~it~~ stripped frc3~~s 1i~~i~- l~to~nes when then peave for work. lle ~totect that lie eras had ot~goit~g ri.iscussions with SB Sgt. Jahn ~. Szttlaa, Sts 5~~~. lames VValslt, end SB Sgt. Scoti tsryant of the South Bend Police I~epart~nent ia~ the drat~i~tg caf these needed regtzlatio~~s. lie thc;at prcavided a b-page: l~and€tttt listing ~`Alun~in~t~n ~`l~efts O1101IQ~-{33/ZOiQ6" ~3 pages of cases, descripti€rns, type, address and. sutt~~nary} and. "Copper hefts OI/Ol10~-C) ~r'ZO/0~" (; pages of cases, descriptions, type, address artci sut~tt7~arys (copy atta.a~l~ed;p which showed how the paroblet~ts in this a~°ea are exce.lerating.. Council 1'+~etnl~er ~l~.ite then called r~pon tl-~e. Council ,4ttorta.ey to provide hacl~.~;rot.~t~d :n ~~r3~1ati €in . ~'lae Coe€ncip Attorney noted that slte. lead tl~.e ot~portu~a.it~r to meet with Council M.entl~er deter atlel Sl3 Sgt. John p~. Szuba, SB Sgt. 1a~a~es ilValsh, and Sl3 Sgt. Scott pri®r to drafting tl7e pr€>posed ordi.naaace.. She also faxed the proposed. orclittance artd all attac:.h~:nents to attorne,}~ Da~~id :~l.irl~in, who is present today and wl~€~ represents th.e largest scrap y~trcl dealer ire than city. She tl1€:.n revie,~,~ed her March. 22, ZOOM ~lem€trai.~drti~~ (,copy attached}. She noted. that the. cover Setter to the l3ilp sun~~narizes sovent€.on (l ~} key provisions of th€; trill lrotn in.eluding new detlnitions, new interis~ pic~;nsing p~-oceclures, recpuir.i.ng information fr©tn pae.rscans ii~tcludittg their thumbprints fr€stxt those who bring i~~ ferrous or port-fert°cttts metals and receive less than X100 in a si»g:le transaction; updates tFte zoning classifications h~ light of tl~e nesv z€~niztg ord.i~tance; and would. reetuire video surveillance systems to lae in p',lace at such places rtf tausiness i~ana3 "_'?, ?Of?ti F~E~caitla an.(I 1't~blic s~Pen~ C:onvl~~ti.:,~e i)I [1ae "' l?b'~~u~iih 13cstd ~oi~~marz (.:43ti~i~cil -i'e~ce I of 5 i'y aP~tne l., 2f9(3~. Sh.e noted that she has had disc,ussicans with the i:egal ,~epartflnent a~~d as a result the draft s[s~3st.it.ute Biil includes cl~ang~es sttoh as not recl~.tirin.g sttc,l~ infortxtati.on fr~n~ persons ~~~h© cota~e ire with just altatnincttn carts or slit cants, '1,he holding tines have heert tnodied to three (3;~ da.ys if 13ttsirtesses a~avc coti-tpatibl.e ct>n7ptzter softrv~are (sin~ti.lar to the provisions wh.i~l~ have l~eert working very well witft pawt~shola dealers or severs 4,"7) da~15 if they do rt~t :have such soit~~~are,. She noted t'rta# it1 light o#` #11e upcor~ting retnarlks i'rosn trtetnbers of the Police l~epartn~ent and the rc;port earlier sutnrrtarized 6y C octncil lrltc:~er Dieter of the growirD~= alutniztun~ artd copper thefts that. #ttere is a rational basis for the proposed regulations. She added that she has researched csrdia~anee in several ether c€rrntn.unities sucFt as Chicago, Tr,ntpe, Phoenix, artd '~"ucsort ,just tc~ tta~ne a fe~~~. Slte noted that Chicago is crtrrc~n#:l y. considering art ~~rclinartce for all. brtsi:rtesses opened for 12 consecutive hours o~ gore to have video surveillance catxteras., and noted that sample prieit-t€~ in this area. is a#taclrted to her tnenlorandtzrt~. Slue added that other conttrtrtni#ies are experier~cit~g ~nanhol.e covers ~Seirt~= stolen arid. therefore she recorntnet~ds that l~ofh ferrous artd Mort-ferrous Metals he regulated. She sees the proposed. regcElatiorts as another erzforcetnent tc~c~l for the police departt~tent and a reasonable 1~teans oflicensirrg t5~r persons rvhcs wish to dc~ iirtsiness in this area. She noted that recyclirxg is a valuable service ~tnd that the proposed regctlati~ns atte.txt.pt to balart.ce the husiness cot~cerrts with the public; safety c~oncert~s of the coi~rnunity. Sergeant Scott Bryant of the South bend Police Department rioted that he is known as the "pawn guy' and worizs olosely with pawn shop owners. lie lzas noticed a laxge amount of theft of ~,~ettters, wire, pipes, etc. ~'~s a result ©f this drarrtatic increase he contacted Council IVlen~tber Dieter. }-(e noted that o~~et~ ~"S,flC3fl worth of siding is taks;n when tl~e c-ost of labor to replacL it is in~iLZC€ed and "~~ts scr~tne:d r,~~tt l'ot• ~`?{~fl. Ser~eat~t .lathes i~aish of the South B~;nd Polio Depat~tment stated that he irtvesiigt~tes metal/copper at2d missing metals. 1-~e Noted that often the theft is not the biggest expense t~cGt when added to the labor and the increased cast of insurance. it becomes very e;~pertsive. in son~te instances irtsurat~ce will not cover such. losses. ~;opper pipes are hot .items at~tcl too ol`ten sctch. thefts frog hones axe taking place where tlr~.y rip the copper pipes out and leave the water ru~nirtg and shits causing c~nsideral~le drtina;.~e. I-le has seers sit~aatic~ns where people l~tave brokc,n downs plaster walls to get #o copper pipes and rviri.ng. tle ~~oted that the rtt,ttnher of btrrglarics invo(virtg thefts at residential c~ cot~~tnereial locations total. 8405 so fa.r this year. 'i'he percentage of theists of aitttnirtt.ttn sidir~sg from residential units is up 2flfl°,~~; residential lance-Hies arc; up 2Sf3s'fo artd cotntnercial larcenies are rip 3(3(?"/a. 1-€e nested that these are just tl~e reported oases to the South BeE~d #'oliee Departtnes~t. He added that copper the°fts are up 3~Osiis. Bales of copper wires have t~seen #aken. ~'otts~cil Nierrtl~~r Dieter nested that he is aware: of situatiort.s where insurance dates have dos.tiiled as a result of such loss, and its outer cases srrcl-t theft and dat~~agu to tl~e structure wore not covered ley it3sLlrartCe. Sgt 1~Ialsh t~soted that the proposed ordinance ~voulcl gri;atly assist the police departtnettt, especially the proposed holding periods which are proposed. logs, records arsd 11's should r~cst be; a prol~lerrt if tlae transaction is ie~,~i#it~tate. t-te added that tl'te reeard keeping ~~~ould help tl~e depar#naent get gooel leads on such cases. hlj3i~ah ~7.2UE}G iie~1tl~ a~Zii 1'ut~lic ti~1'~t~~ Conzn~im:c of tl~G ~€~~IE7 Suet!? 3cn~C~nzi~a'nc~~ C uruvc.il -~~~3-~ « ~~~' h - Sergeant John ~'. Saul~a of the Scauth 1=3en.d police Department stated. that ~ gas investigated thirty (~t3} cases in a two {2j weep period. Darrrage to hc~n~r€;s and. lausirresses; and no~v then are targeting churches and. the;i.r air co~~dition.in~ tr.nits arad stealing the metal and copper coils. `T'hieves a.re going: ont<? roofs to get access to such units as well as to the sides of buildings. Ike noted that in sorrae cases tl~e deductit~les are SOf),€~Ot3. Sgt. Szuba stated that fhe ordinance would assist the departaraerat in "going aftc;r suspects" anc9 that the docura~entatior~ ~~fould aid the~r~ in their dete€:~ive work. lie ~rgreed that rrran hole c;o~rers r?~ay tae the next hot ite~x~. E.~et~ir~g leads m~a~j help get confessions and infor~~-tatiorr leading to the rinb leadcr•s o~ these which are orgar~i.~c;cl. S~~t Bryant stated that tl.~e: vehicle infs3rrr~atiorD which wotdld be recTuested vsrould also be of great assistance to tl~er~~. ~`atherine Koppel, Director cal' the Department of bode ~:nforcernent stated that the proposed. ordinance is necessary in order to he;ip South ~er~d ad€iress what is beeornirig a nationwide epidermic. She stated. that copper and alu~a~irrtrrn thet"ts in particular are increasing. Site noted first the series ire rho ~Sra~itlz I3enc1 I~i°iha~azc on vacant homes sl~o~vs tl~e an~orar~t of dagger. Shy; does not want to order dornoiition but ~~rhen walls are tlroken up to get to pipes and wires i.t nay l~re necessar~~. She rooted that occupied hones and garages on alleys have lead alu~minur~l siding taken a second. time, Such action is intirmidating and. I~ri.ngs other crirrre. She seas this as being costly to the taxpayers ~aeeause: they have a contract for t~oardit~g up proper°ties arrd "t-aoar°d tips are up Cep°,~o this year so far". She concluded .laer remarks day stating that she would lime the ordinance to he apprcaved. (~ity Attorney C-harles f,eot~e noted. that he and. tl~e council Atto.rn.e~J have lead some ~;c>oci n~eetir~~;s and drat they leave also net with Mr. Mirkin. 1-Ie th~:n provided to tl~e C;on~~~~ittee a one~page handout listing curr•er~rt activities ~vl~ich are licensed acrd tlae depa~-tt~re~ats a,~nc~~ do ins}~ections and the offices wl~icl~ approve. I-Ie also provided a two-page Tow chart orre dated March lath and the other dated March 2~th of the procedure to obtain a scrap yard license (copies attached}. He suggestc;d that since the Board. of I~trl~lia; ~ilorks carries orrt only rrtir~isterial duties that the council nay want to consider droppi~rg them fro~aa the actual licensing proeedr.~re. Ne noted that lac discussed this with the council Attor~~ey and that rho proposed str-eanalining is a decision which. they v:ould life the ~"otrncil tc? c;orrsider. 1•Te believes the process would be more eftTcient as a resr€it. 11e also provided a. map prepared. ley CIS which showed fire ~~~eli-head protected areas and the businesses currentl}~ licensed as scrap yards. Mr. Lecane stated that additiorr.al regulations are needed ire order to assist the polio; depar~tn~er~t. Ike noted that the ordrnance references on page 10 the current ncaise regulations, and float his depart3ment has received calls about scrap yard noise. ~'~~irncil lulermkaer Dieter then offered. into the reco~°d a ;-page docur~aent showing twenty-three ~2~3 photograpl-rs of properties which had. alurmir~trr~ siding stolen fi-t~rr~ then {copy attached}, Council Ivle~nlaer V~fhite then asked fc~r corm.~-nents fror-n arry one in opposition. to the proposed ordinance.. 1~1arc1~ ?7.26(.ki ',-1~~1t1~ ~~d P~hiic ti~Fet~` C'c>n~~ni€[vee~i il~~a'?Il!Ki Si>uLEi Let3c[Conlrixn~ ~~trtir~ci3 -'~~~e 3 siY 6 l~avtd l~tirlCin, at attar~~ey with cz~~~6:es i~~ ~o~€t1r ~==3ertd, Chi n addressed €he ~czt~znittee. e n~rteci that he re~resez~ts Soz.zth ~erzd ~cra ~~fich is a di~~isian i>i' Sturgis .gran. lie a~preciate.s the assistance frczz~~z. th.e t;ity and the ol~l~ort~r.nity t€~ meet with the (~ouzzc;il ~€torney, (~ity ~tto~~ney az~d Cauncil t~~en~thLr T~ieiez-, l~~ sta€~€~ t:~~at their t}~l~es ai' husirz~:sses are i]`ze laz-gest vic;tizl~s oi' s€.FCh thetas. ~.~attnc;il Merrzhcr Dieter ir~.~trti.red whether such thefts we~.e re~o.rted to the ~czlice cle~art~ner€t. 1Vlr. firkin stati,cl t's~at t:€-~ey w~:re. e noted that lris client leas 107 eznl~layees ai" ~vlzic,h ~4 live i~z :~s~utll ~3et~d. they fzay tars each year ~ ~ 10,000 €~~ reai. estate taxes ancl. ,`Ise 7,0()(3 i.n. t~~;rson.al. faxes. .I-.1~ t%te~~ dis~lay~.d a znat, ~~~ltt~ p~sl~ Sins in ii an€~ r%oic.od cor7cern that i~ t'lae ordinance is gassed that it nay j~.zst drive persaz~s wl~a wisl~z to bring zrzetals to tl~ezrz to athcr locations. lle stated that the extra. record lceel~ing znay n-~eaa~ extra. eznplaye~s. ~Y~~c~. l~evin stated. that he .i.s tl~e Mice-president c'f South lend Sc.ra~~ azzcl resides in stranger. lie stat~:ci that: the ardinazzce t~rould nizt provide the tai a~ infonnatioz~z which the police; nc;ed fior "useful crime solvirtg". l-le. stated That materials k,rcaz~ght to then are tnixed, chopped ~zp azld ~ie~~t; ttnlilce tl~e i.tez7zs hratt~ht to pa~,~vn sl~at~s. ~Ilr. ~li~°lin ~°aiced concern about thc~ proposed: holding tr`.znes, ile:, stated that they receiva;d `?()f} loads per day. lie speculated that ti3ey would have to huilcl secr~ro structrzres; and i~~ light z~i` market volatility on metals he stated that tfZCy apposed such. a balding ~zeriod. lie tl~ot~~ght that ~/4's a'#:their traffic is under $ l0(1 each +~ay. I l.e stated. that there average ~~-ass pay out is ~?5.0~?, lle. stated that the regulations should znirrar state law i-az- ite!ns ~~a~der ~S1(?O.C~tl. lie further suggested that people need to ha~Ie utter sectErity, that there shczulci tie heifer enfarceznez~t af~ existing lativs and haled drat the city woczld ~~.ot rush into this. ~z°. 'darner stated tl~af he da~;s rEOt vvai~t regulations icy lie hurdenso~~~e, lzal~~ever tl~e existing regulations are; nat laraviding the tools whiciz the department ~~eeds. 1-F~ tl--en a51;od Mr. iv4irl~arz if he had a copy c;f the state form which z~ust he can~l~leted and was given a copy (cal~y attached`l. ~:azy Levin al'CTrarsgeE° stated that most people sav "~l~ey ~a€~nd it" when they bring items ire. 1Vlartha 1-.e~vis of 3i S. Frai~cos statad that sha ]ias l~r~ez~ a "scra~ar" since tlxe age ref 7. Saying vo€z -`found i.t" is true and she leas a can ~vFzich she ti.l.l.s with metal items. Sloe skzggeste<f looking at 1~tna tlreen's ordinance;. Belinda ~larris of 1.420 S. Walnut doing businoss as Ivtother l~arth 1.L,C: statad that her aperatic~n is l~riz-narily regulated by IC~EM an€f suggested that the cit,r co~lsidez~ crapping l~r~sizresses of her type fraz-n the licensing regulations entirely. She thanl~ed Sgt Walsh for all of the assistaa~ee he leas provided and noted That she warl4s clc>scl~~ with }~uzn ~~illa<,~e. hhe rtati;d that she is haply to cotnply with the police. ~aaady Schlipp of 300 Gertrude Street stated tl-zat tlae storage rec~uire~nents causes hizn scene concerns. `They da currently ask i:ar lid's. ?vl~rch 2?. 2t)OG I°Iealih a~~d 1'c€blic Sarciti Ea7mmittc~ of ~11c 2UUG ~ouCh veHil ~'oanmof~ Co~fncii -t'sgc 4 of 6 - Cacy t_,evirr of CFranger noted. that, they called tlr.e pcslice wl~err a.lttrnir~€rrn ~trliets were at his tzrrsinesses and asked for id's. i he ir~rclividuai went t€~ l~ris tr€rc,tc and left witl-s csver' ~,£t00 ~~olrrrds cif alurninrirn at the eo€znter. ~e stated that They sort things as fast a possible sc? teat it ~;an get processed. Co€rncil il~erxrber prr~zello inc~lrired about thy; prices fear metal. itertr.s, C'acy Levin staled that co~rper is a~t record. Erighs of~i:?C}.i)(1 per l~o~rnd, a:.lurxrinurn is `fi .40 to `~1.Ot~ which is ~.1() to ~.2t~ l~righcr; and irt~n in '?~(?~ was at historic highs at ~i~100 per ton. Ite stated the prices are rnarllet c~r~iver~. Co€rr~cil MernlZer Dieter in.cluired whether every one is paid the carne rate, to which. Carp- Levin stated that there is a price sir-uctur~e. C'ouneil 1VIern~~er Dieter ~uestio.rred wl~etlrer 1?/Ir. Levirr had: located the: four {~; rn.i.ssirrg titter to vehicles. l~pr. Levin. stated. that the~r n.~.ust: nave written. dolvn the wrong ~~~ rr.rrtnbers. C.ouncii 1'residel~t ~o€rse stated teat the rer~lor~strators nave raised some good points brrt scrap has corns from Borne where. 1-ie sr.€gges€ed ghat a~;i;:.i.n~ if t~re~ Brad perr~issiorr to take the alur~ainurn, colaper, etc. and give a permit ma~~ be considered. Nir. Levin stated that that world be too ir€.r.rderrsorxre. ~`or.rncil i~len~~)e;r :Kelly staled that. everyone would lime to make the regulations sr.ritat~le for ail concerned, and suggested that the Council gFo t©rward a.nd pass tl~e orciir~ar~ce and amend it later if the creed arises, Dr. ~ar'ner suggested that tl~.e strearrrlining suggested be incorporated anal them rrrave fcsrward. Co€rrrcii Nlerrrber White stated drat there 1'ras green good discrrssior~ acrd that many good viewpoints nave been. shared. Sipe stated. that this is a critical issue which is affecting onr r~eighl~orlloods. Sloe stated that it is a pr.rl',lic safety issue. and additional tools for orrr p€r`t~li€; safety officers are needed. She hoped that the ~ ordncil world pass a solid ordir~arrce. Council iVfenrber Dieter thanked e~reryor~e for corning. lie asked City Attorney Charles Leone t~s check vvi.th tlr.e Prosecutor Dvorak. ftc suggested that he would get together with. the C~ourrcid Attorney so that: ti~re ordinance would ire ready to go on April 10th. i~?.i.ke lulorris of 120 S. Walnut applauded tl~e police department acrd the Con~rnon Council for their efforts. ~~ suggested focusing jl_rst ors ~€luminunr skiing and cofrper-. Sgt. Bryant ernplrasized that the holding period proposed is irrrportant to the pol.i.ee who investigate such cases. Forensics, too€ rnarleir-rgs, etc lnay alt prodr.rce evidence. Iviz~rctf ~ 1. ?!)~o r It~f1!'h.:t~3ci r'!ih1SL 5~~1~ets^ f~4r~nrrvt~.ci, of tl~e 2{?!16 5~.>~t!h 1'«ncl Cnn~mn~~ C'uiuicil -P<~se ~ or' €i - ~~~.. ~~t~:t~a st~~~d t~~~zt acl.r ec3lnrr~u.~~ity cr~1~.11t';~ ~~~a€~€e ~~g~~•~c~s~ ~~d ~~~~~ a~~iar~ s~ic~u~.c€ oaf la~u ®u~~ el~~ leac's i~~ ~~.is ~re~. ~`aunci~ ~1~€~r€~~ar ~v°hit~ ~~an~ed ~~~€-dla€~e far t~l~ir i~€ia~t ~rt.c~ c~~..~:~t ac~jc~utt~e~ ~e ~`cgl~i~~itt~e ~r€ee~~l~~ a~ :4~ ~.1~. ~.aspectfu~i.~j sc€b~~~i~~ec~, ~~ ~~ ~i~ci~ct8 iVi~nll~~r i~~re/t~ ~.,. 'mite; C~~ir~er5a1~ r.~~ni€i~ ~l~d ~z~.11e~~tia17 ~anl€nittee r~. ~$c`~ C~1t71~1'tI5 March 27, 2l)O6 llea~ltl2 anti F'uhlic Satt'v t;itits~n~€t[ec of the ?Otl6 ~ou~h L3cnti L'onvmx~ ~ uiu~oil _13vde Ci of ti _