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HomeMy WebLinkAbout01/19/2011 Board of Public Safety MeetingPUBLIC AGENDA SESSION JANUARY 19, 2011 The Board of Public Safety met in the Public Agenda Session at 8:09 a.m. on Wednesday, January 19, 2011 with President Juanita Dempsey and Board Members Patrick D. Cottrell, Bruce BonDurant, 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. Board members discussed the following items from that list: - Addition to the Agenda Linda Martin, Clerk of the Board, noted the addition by the Fire Department of their Travel and Training Quarterly Expense Report for October, November, and December 2010. - Review of Minutes President Dempsey stated in the Public Agenda Session of the Minutes of December 29, 2010, the request for a demotion by Lieutenant Mike Suth should state a request to be demoted to Sergeant. She stated that currently it says Lieutenant Suth is requesting to be demoted to Evidence Tech. Fire Chief Buchanon noted today's agenda should list the approval of Fire Suppression Captain Promotion List before the approval of a promotion to Fire Suppression Captain in Special Assignment. Filing of Charges 01 -2011 — Christopher Bortone Attorney Thomas Bodnar suggested the Board may need to meet the following Wednesday to set a Hearing date for Charges 01 -2011. He stated he would contact all Board members before then with dates that Attorney Joseph Simeri will be available. Approve Retirements Chief Darryl Boykins, Police Department, stated that retiring Sergeant Marian Nicks - Walker has been an outstanding officer, never causing any problems. He informed the Board that Sergeant Albert DeRoo is retiring after forty-seven years, the longest serving officer in South Bend's history. Monthly Statistical Analysis — Police Department Police Chief Darryl Boykins stated all statistics for the month of December were down, except for home burglaries. He noted the arrest rate in that category is the highest it's been in the history of South Bend. Mr. Miller added the arrest rate on home invasions has been fantastic. Chief Boykins stated the response has been great on the officer's part. He noted that home invasions are on the increase and a lot are from kids coming from the Chicago area. He stated there is a trend in this area that the Police need to get on top of before the summer, or it's going to be out of control. Monthly Statistical Analysis — Fire Department Chief Buchanon stated the number of arsons listed by the Fire Department for the month of December 2010 does not match the number listed by the Police Department. He stated they are looking into their records to determine where the conflict is and will report back to the Board. Chief Buchanon noted different situations can affect the reporting. If a call comes in and it is originally referred to as an arson and it is later determined it was not an arson, it will not be included in the monthly statistics as such. ADJOURNMENT There being no further business to come before the Board, President Dempsey declared the meeting adjourned at 8:28 a.m. BOARD OF PUBLIC SAFETY uanita Dempsey, President Patrick D. Cottr 11, Member PUBLIC AGENDA SESSION ATTEST: mda M .Martin, Cl k JANUARY 19, 2011 2 Eddie Miller, ember EXECUTIVE SESSION JANUARY 19, 2011 The Board of Public Safety met in the Executive Session on Wednesday, January 19, 2011 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) (B) and (b) (6) (A). President Juanita Dempsey and Board Members Patrick Cottrell, Bruce BonDurant, Laura Vasquez, and Eddie Miller were present. Also present were Police Chief Darryl Boykins, Fire Chief Howard Buchanon, and Board Attorney Thomas Bodnar. Board members did not discuss any subject matter other than the subject matter as specified in the Public Notice. The meeting adjourned at 9:00 a.m. BOARD OF PUBLIC SAFETY j Juanita Dempsey, President Patrick D. Cottr 11, Member Eddie Miller, Member ATTEST: Linda M. Martin, Jerk REGULAR MEETING JANUARY 19, 2011 The Board of Public Safety met in the regular meeting at 9:15 a.m. on Wednesday, January 19, 2011, with President Juanita Dempsey and Board Members Patrick Cottrell, Bruce BonDurant, Laura Vasquez, and Eddie Miller present. Also present were Police Chief Darryl Boykins, Fire Chief Howard Buchanon and Board Attorney Thomas Bodnar. REGULAR MEETING JANUARY 19, 2011 The meeting was held in the Board of Public Works Meeting Room, 13th Floor County City Building, South Bend, Indiana. ACCEPT MINUTES OF PREVIOUS MEETINGS President Dempsey advised that if there were no objections by members of the Board, the minutes of the Public Agenda Session, Executive Session, and Regular Meetings of the Board held on December 29, 2010 would be accepted with the noted corrections. ADOPT RESOLUTION NO. 07 -2011 — ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CENTRE TOWNSHIP Mr. Michael Divita, Community and Economic Development, informed the Board that this annexation was requested by the property owner at 61175 Miami St. and includes that property consisting of approximately one and a half acres. He stated Police Beat No. 16 will serve this area and Fire Station No. 10, Medic No. 1, and Medic No. 2 will serve the annexed area. Mr. Divita noted this will not require additional equipment or personnel on the part of the Fire or Police Departments. Upon a motion made by Mr. Cottrell, seconded by Mr. BonDurant and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 07-2011 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 CENTRE TOWNSHIP (HENRY 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 Centre 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 1.21 acres of land containing a single family home, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 21.6% contiguous, generally located near the southwest corner of Miami Street and Farmington Lane (61175 Miami Road). It is anticipated that the annexation area will continue to be used for a single family residence. 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 REGULAR MEETING JANUARY 19, 2011 4 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 19th day of January, 2011. BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA s /Juanita Dempsey, President s /Patrick Cottrell, Member sBruce J. BonDurant, Member s /Laura Vasquez, Member s /Eddie Miller, Member Attest: s/Linda Martin, Clerk POLICE DEPARTMENT FILING OF CHARGES NO. 01 -2011— CHRISTOPHER BORTONE FACTUAL ALLEGATIONS On November 22, 2010 Christopher Bortone, a sworn member of the South Bend Police Department, while off duty but driving a South Bend Police Department vehicle drove into the front parking lot at 270 Day Rd., Mishawaka, Indiana, which is the place of employment of his ex -wife, Sara Bortone. He proceeded to remove a temporary license plate from his ex- wife's vehicle, 2003 Ford Expedition without her permission, gave no notice that he had done so and left. On November 30, 2010 Christopher Bartone was interviewed by Lt. Lee Ross of the South Bend Police Department Office of Professional Standards. At that time Lt. Ross read a statement to Bortone, part of which statement stated: You're are not to discuss or engage in any of the following conduct with the complainant and /or witness(es): threatening, harassing, stalking, surveillance, or other such behavior designed to interfere with this administrative investigation. Despite this order from Lt. Ross, Bortone twice attempted to contact his ex -wife to persuade her to contact Lt. Ross and ask him to drop the case. CHARGES COUNTI On November 22, 2010 Bortone surreptitiously removed property belonging to his ex -wife, using South Bend Police Department property to transport himself to and from the scene, which actions reflected unfavorably upon him and upon the South Bend Police Department. These were violations of Rules (A)(1) and (2) of the South Bend Police Department Duty Manual Section 302.00 and was conduct unbecoming a police officer, all in violation of I.C. 36- 8- 3- 4(b)(2)(B)(G)and (H). COUNT II Sometime after November 30, 2010, Christopher Bortone attempted to interfere with an internal investigation of his actions by twice attempting to contact his ex -wife to have her try and persuade Lt. Ross to drop the investigation. Said actions violated the Office of Professional Standards General Order Section III(C) and disobeyed a lawful order given him by Lt. Ross November 30, 2010, which conduct is unbecoming a South Bend Police officer, and violated Rules (A)(1)(2) and (28) of the South Bend Police Department Duty Manual Section 302.00, all in violation of I.C. 36-8-3 - 4(b)(2)(B)(G) and (H). REGULAR MEETING JANUARY 19, 2011 5 RECOMMENDATION In consideration of the Departmental violation cited pertaining to his actions, Chief Boykins recommended that the assessed disciplinary action against Patrolman Bortone consist of a letter of reprimand to be placed in his personnel file and a thirty (30) working day suspension from duty without pay. Upon a motion made by Mr. Cottrell, seconded by Ms. Vasquez and carried, the charges were accepted and the Clerk was instructed to file the charges and serve Patrolman Bortone. President Dempsey stated the Board will need to meet Wednesday, January 26, 2011 to set a Hearing if Patrolman Bortone requests one. ACCEPT AND APPROVE RETIREMENT — SERGEANT MARIAN NICKS - WALKER President Dempsey advised that Chief Darryl Boykins has submitted to the Board the Application and Declaration for Retirement for Sergeant Marian Nicks - Walker effective January 25, 2011. Chief Boykins noted that she has served the Department with loyalty and distinction during the last twenty - nine (29) years, one (1) month and seventeen (17) days and has been an outstanding officer that will be missed. Chief Boykins joined the Board in thanking her for her commitment, dedication and years of distinguished service to the South Bend Police Department and the citizens of South Bend. Members also wished her a long and happy retirement. Upon a motion made by Mr. Cottrell, seconded by Ms. Vasquez and carried, the retirement was accepted and approved. APPROVE RETIREMENT — SERGEANT ALBERT DEROO President Dempsey advised that Chief Darryl Boykins has submitted to the Board the Application and Declaration for Retirement for Sergeant Albert DeRoo effective March 1, 2011. Chief Boykins noted that he has served the Department with loyalty and distinction during the last forty-seven (47) years, nine (9) months and thirteen (13) days, the longest serving officer in the South Bend Police Department in history. Chief Boykins joined the Board in thanking him for his commitment, dedication and years of distinguished service to the South Bend Police Department and the citizens of South Bend. Members also wished him a long and happy retirement. Upon a motion made by Mr. Cottrell, seconded by Ms. Vasquez and carried, the retirement was accepted and approved. FILING OF QUARTERLY REPORT FOR SPECIALIZED TRAINING — OCTOBER, NOVEMBER AND DECEMBER 2010 Captain Dave Hecklinski, Director of Training, South Bend Police Department, submitted to the Board a written Quarterly Report for Specialized Training for the periods of October, November and December 2010. The report indicated the specialized training attended, the names of the officers who attended, and the costs involved. There being no questions concerning this report, the Quarterly Report for Specialized Training as submitted was accepted and filed. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — DECEMBER 2010 President Dempsey indicated that unless there were questions or objections by members of the Board, the statistical analysis report for the month of October 2010, as submitted by the Police Department, would be accepted for filing. There being no objections, the following report was accepted for filing: PART I OFFENSES MURDER RAPE ROBBERY AGGRAVATED ASSAULT BURGLARY RESIDENT BURGLARY NON RESIDENT LARCENY MOTOR VEHICLE THEFT ARSONS GRAND TOTAL FIRE DEPARTMENT DECEMBER DECEMBER YEAR TO DATE 2009 2010 CHANGE (09) (10) CHANGE 1 0 - 1 14 6 - 8 1 3 + 2 56 52 - 4 36 26 - 10 346 339 - 7 19 21 + 2 353 349 - 4 143 150 + 7 1533 1706 + 173 44 41 - 3 553 511 - 42 276 236 - 40 3702 3411 - 291 21 21 0 325 302 - 23 2 0 - 2 43 51 + 8 543 498 - 45 6925 6727 - 198 ACCEPT AND APPROVE PROMOTION LIST REGULAR MEETING 1. Tony Schelske 2. Robert Rose 3. Tony Nania 4. Joseph Wagner 5. Brad Fuelling 6. Ryan Ort 7. Patrick Kottkamp 8. Jeff Yoder 9. Chris Chapin 10. William Fox 11. Clifford Powell JANUARY 19, 2011 13. Suzanne Krill 14. David Jester 15. John Riba 16. Michael Brown 17. Brian Koloszar 18. Michael Lagodney 19. Troy Platz 20. Christopher Cox 21. Michael Filispki 22. Michael Humphrey 23. Brian McLaughlin R 12. Darrell Eiler In a letter to the Board, Chief Buchanon recommended the above listed individuals be approved for the list of candidates eligible for promotion from the rank of Firefighter 1St Class to the rank of Captain. Chief Buchanon noted that eligible candidates will be on special assignment for one year with four evaluations through this time period. Personnel assigned to perform the duties of the rank of Captain shall be paid the same rate per diem as other captains in the South Bend Fire Department while on special assignment; shall be entitled to wear the Captain insignia; and shall be referred to by that title. Upon a motion made by Mr. BonDurant, seconded by Mr. Miller and carried, the above list of candidates eligible for promotion to Captain was accepted and approved. ACCEPT AND APPROVE SPECIAL ASSIGNMENT PROMOTION TO THE RANK OF CAPTAIN — FIREFIGHTER FIRST CLASS ANTHONY SCHELSKE In a letter to the Board, Fire Chief Howard Buchanon stated that the South Bend Fire Department has one (1) vacancy for Captain in the Fire Suppression Division. To fill this position, Chief Buchanon recommends that Firefighter First Class Anthony Schelske be promoted to the rank of Captain in Special Assignment effective January 19, 2011. Chief Buchanon stated that Firefighter First Class Schelske was appointed to the South Bend Fire Department on June 1, 2001, and has proven his leadership skills and ability in fire suppression. He is respected by his fellow firefighters and is recommended by his Battalion Chief. Therefore, upon a motion made by Mr. BonDurant, seconded by Mr. Miller and carried, the promotion was accepted and approved. Chief Howard Buchanon pinned the badge on Firefighter Schelske and the Board joined the Chief in congratulating him. Firefighter Schelske thanked the Board, the Chiefs, and his co- workers for the opportunity and stated he hoped he wouldn't let anyone down. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — DECEMBER 2010 Chief Howard Buchanon submitted to the Board the monthly report for the month of December 2010 compiled by the Prevention/Inspection Bureau of the Fire Department. President Dempsey stated the Board would accept the report for filing with a follow -up on the correct number of arsons to come later. A summary is as follows: DECEMBER DECEMBER 2009 2010 STRUCTURE FIRES Property Damage -- Buildings & Contents (Estimates) $785,754.00 $158,000.00 INSPECTIONS (Fire Prevention/Inspection Bureau) 308 Inspections 248 Inspections 1 77 Re-Inspections 39 Re-Inspections INVESTIGATIONS (Police /Fire Arson Bureau) 20 14 Investigations Investigations 2 0 Arson Arson FILING OF ANNUAL STATISTICAL ANALYSIS — 2010 Chief Howard Buchanon submitted to the Board the annual report for the year of 2010 compiled by the Prevention/Inspection Bureau of the Fire Department. The report was accepted for filing. REGULAR MEETING A summary is as follows: JANUARY 19, 2011 7 ANNUAL 2009 1 ANNUAL 2010 STRUCTURE FIRES Property Damage -- Buildings & Contents (Estimates) $8,614,495.00 1 $2,404,339.00 INSPECTIONS (Fire Prevention/Inspection Bureau) 4205 Inspections 4233 Inspections 1 1319 Re-Inspections 1244 Re-Inspections INVESTIGATIONS (Police/Fire Arson Bureau) 264 225 Investigations Investigations 41 39 Arson Arson FILING OF OUARTERLY TRAVEL AND TRAINING EXPENSE REPORT — OCTOBER, NOVEMBER, AND DECEMBER 2010 Chief Howard Buchanon, South Bend Fire Department, submitted to the Board a written Quarterly Travel and Training Report for the period of October, November, and December 2010. The report indicated the travel expenses incurred for training for the department, listing the names of the officers attending training, the location of the training, the dates, and the costs involved. There being no questions concerning this report, the Quarterly Travel and Training Expense Report was accepted and filed. ADJOURNMENT There being no further business to come before the Board, President Dempsey declared the meeting adjourned at 9:30 a.m. BOARD OF PUBLIC SAFETY uanita Dempsey, President Patrick D. Cott 1 , Member Bruce J. Laura A. Vasquez, Member Eddie Miller, ember ATTEST: inda M. Martin, Clerk