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HomeMy WebLinkAbout12/14/11 Board of Public Safety MeetingPUBLIC AGENDA SESSION DECEMBER 14, 2011 65 The Board of Public Safety met in the Public Agenda Session at 8:07 a.m. on Wednesday, December 14, 2011 with Board Members Patrick D. Cottrell, Bruce BonDurant, Laura Vasquez, Eddie Miller, and John Collins present. Also present were Police Chief Darryl Boykins, Fire Chief Howard Buchanon, Board Attorney Thomas Bodnar, and Attorney Andrea Beachkofsky. Mr. Bodnar introduced Ms. Beachkofsky to the Board Members and informed them that she would probably be taking over his position as Board Attorney next year due to his retirement. The meeting was held in the Board of Public Works Meeting Room, 131h Floor County City Building, South Bend, Indiana. ADDITION TO THE AGENDA Mr. Bodnar noted the addition of a Memorandum of Understanding with Notre Dame to the agenda. Board members discussed the following items from the agenda: - Police Selection Panel Recommendations Chief Boykins informed the Board members that these officers would be starting the Police Academy after the first of the year. He read through each of their backgrounds; education, place of employment, and special interests. - Request for Promotion — Police Department — Aaron Knepper Mr. Bodnar stated this promotion to Patrolman 2 "d Class from Patrolman 1St Class is not subject to probationary status. - Request for Promotion in Special Assignment — Police Department — Steven Spadafora Mr. Bodnar noted this is an assignment, not a promotion to the Uniform Division in Special Assignment in Charge of the K9 Unit. Chief Boykins noted that Lieutenant Spadafora has been a member of the SWAT Team and the Canine Team. - Retirement — Police Department — Charles Flanagan Chief Boykins stated that Patrolman Flanagan is going to be working with the County Police upon his retirement from the City. - Special Police Commissions — Police Department Mr. Bodnar stated that these Police Commissions are all renewals of 2011 Commissions for 2012. Mr. Cottrell noted the Park Department listed three commissions allowed to carry arms, but had only two names listed. Mr. Bodnar requested the Clerk call the Park Department and clarify if there was a name missed, or if the letter should state two instead of three. - Letter of Understanding between the City of South Bend and the Fraternal Order of Police, South Bend Lodge No. 36 Mr. Bodnar stated that Chief Boykins has been running a voluntary physical fitness program for the last year, giving some personal days for participation. Mr. Bodnar noted the issue of carrying over those days to the next year was never addressed in the Working Agreement. This Letter of Understanding addresses that issue, allowing carry-over of the personal days but requiring that they be used up in the first quarter of the following year. - Employee of the Month — September and October, 2011 — Police Department Chief Boykins noted that for the month of October, two individuals were selected for Employee of the Month. The Chief stated there are a lot of officers that do just as well in resolving crimes, but you have to pick a couple and these two were outstanding. He stated all three individuals selected for the months of September and October were selected as the result of outstanding work in the arrest of individuals involved in burglaries that led to other arrests of more individuals involved in a series of burglaries. - Monthly Statistical Analysis — November 2011 — Police Department Chief Boykins stated that the Police Department is now working with the U.S. Marshall to apprehend burglary suspects. He noted working together has made a big difference in resolving local burglaries. - Hearing — Removal of Bestway Towing from City Towing List Mr. Bodnar informed the Board that he will not be advising them on this decision of whether to remove Bestway from the City Towing list because he will have to take cross - examinations. Mr. Bodnar informed the Board that he has a list of all the tows Bestway had in 2011. Mr. BonDurant questioned if Mr. Bodnar had a dollar amount for the overcharges the company charged. Mr. Bodnar stated he had an appropriate dollar amount due to be refunded. He noted a lot of vehicles on the list were never picked up, so they never paid any PUBLIC AGENDA SESSION DECEMBER 14, 201166 charges and should not be included in the total amount due. Mr. Collins stated it appears that the company has not been practicing the best business practices. Chief Boykins stated Bestway Towing claims it was a mistake on their part. Additions to South Bend Fire Department Duty Manual Chief Howard Buchanon stated these changes to the Fire Department Duty Manual are to the sections dealing with uniforms, cleanliness and appearance, and use of the internet. He noted when the Board signs the signature page, these pages should replace the current matching number pages in the Duty Manual. Memorandum of Understanding — Notre Dame University Mr. Bodnar stated this Memorandum was delayed due to the change in the Fire Chief at Notre Dame University. He stated Notre Dame owns two buildings, the Nano Center and the I.U. Medical School, south of Angela Blvd. located within the City limits. He explained this is unusual for Notre Dame property to be located within the City limits, and the University wants to be the responder at each building. Mr. Bodnar noted the City agrees that Notre Dame can get there quicker than the South Bend Fire Department so it is a good deal for everyone involved. Mr. Bodnar noted this does not affect the responsibility of the City to respond with ambulances. Chief Buchanon added the Fire Department will still be the first responder on actual fires at these locations. ADJOURNMENT There being no further business to come before the Board, Mr. Cottrell declared the meeting adjourned at 8:39 a.m. BOARD OF PUBLIC SAFETY Patric D. Cottrellll, Member Bruce JAnDurant,,Member A. Vasquez, Eddie Miller, Member Jo h ollins, Member ATTEST: L inda M .Martin, CIA POLICE SELECTIN PANEL DECEMBER 14, 2011 The Police Selection Panel met at 8:40 a.m. on Wednesday, December 14, 2011 in the Board of Public Works Meeting Room, 13th Floor County City Building, South Bend, Indiana, for the purpose of formulating a recommendation to be submitted to the Board of Public Safety. Board Member Patrick Cottrell, Attorney Thomas Bodnar, Police Chief Darryl Boykins, and Attorney Andrea Beachkofsky were present. Upon a motion by Mr. Cottrell, seconded by Chief Boykins and carried, the recommendation from Police Chief Boykins to appoint Robert Gerald Anton, Nathan Allen Gates, Bradley Derek Gutwillig and Travis Demond Teague to the South Bend Police Department as probationary employees, was approved. The Police Selection Panel adjourned at 8:41 a.m. BOARD OF PUBLIC SAFETY c Patrick D. Cottrell, Member I�� u i 1 I 1 REGULAR MEETING ATTEST: t� CXh�t� �-Litida M. Martin, Clerk DECEMBER 14, 201167 Bruce . BonDurant, mber Laura Vasquez, Me er EddOle Member�� EXECUTIVE SESSION DECEMBER 14, 2011 The Board of Public Safety met in the Executive Session on Wednesday, December 14, 2011 at 8:45 a.m. The meeting was held in the Mayor's Conference Room, 14`h Floor, County City Building, South Bend, Indiana, for the purposes specified in I.C. 5- 14- 1.5- 6.1(b)(6)(A). Board Members Patrick Cottrell, Bruce BonDurant, Laura Vasquez, Eddie Miller and John Collins were present. Also present were Police Chief Darryl Boykins, Fire Chief Howard Buchanon, Attorney Thomas Bodnar, and Attorney Andrea Beachkofsky. Board members did not discuss any subject matter other than the subject matter as specified in the Public Notice. The meeting adjourned at 9:10 a.m. BOARD OF PUBLIC SAFETY ,F,f �:� 0, Patrick D. Cottr ll, Member J. A../.4, Bruce JAonDur=U Member Vasquez, Eddie Miller, Memb J Collins, Member CTnd—"—� REGULAR MEETING DECEMBER 14, 2011 The Board of Public Safety met in the regular meeting at 9:18 a.m. on Wednesday, December 14, 2011, with Board Members Patrick Cottrell, Bruce Bondurant, Laura Vasquez, Eddie Miller and John Collins present. Also present were Police Chief Darryl Boykins, Fire Chief Howard Buchanon Board Attorney Thomas Bodnar, and Attorney Andrea Beachkofsky. The meeting was held in the Common Council Chambers, 4`h Floor, County City Building, South Bend, Indiana. ACCEPT MINUTES OF PREVIOUS MEETINGS Mr. Cottrell stated unless there were any corrections, the Board would accept the Minutes of the Public Agenda Session, Executive Session, and Regular Meetings of the Board held on November 16, 2011 as presented. REGULAR MEETING POLICE DEPARTMENT DECEMBER 14, 2011 68 ACCEPT AND APPROVE RECOMMENDATION OF POLICE SELECTION PANEL Upon a motion by Mr. BonDurant, seconded by Mr. Collins and carried, the recommendation of Police Chief Daryl Boykins and the Police Selection Panel that Robert Gerald Anton, Nathan Allen Gates, Bradley Derek Gutwillig, and Travis Demond Teague be accepted for employment as probationary police officers with the South Bend Police Department was approved. SWEARING IN OF POLICE OFFICERS - Robert Gerald Anton - Nathan Allen Gates - Bradley Derek Gutwillig - Travis Demond Teague Mr. John Voorde, City Clerk, was present and administered the Oath of Office for the swearing in of the above officers. The Board of Safety joined Chief Boykins in congratulating the newly sworn in officers and wishing them well in their endeavors with the South Bend Police Department. APPROVE PROMOTION — AARON KNEPPER In a letter to the Board, Chief Darryl Boykins recommended that Patrolman Second Class Aaron Knepper be promoted to the rank of Patrolman First Class, effective December 23, 2011. Chief Boykins stated in his letter that Patrolman Knepper has successfully completed three years of service with the South Bend Police Department. Upon a motion made by Mr. BonDurant, seconded by Mr. Collins and carried, the recommended promotion was approved. APPROVE ASSIGNMENT TO LIEUTENANT IN SPECIAL ASSIGNMENT — STEVEN SPADAFORA In a letter to the Board, Chief Darryl Boykins recommended that Sergeant Steven Spadafora be assigned to the rank of Lieutenant in Special Assignment in the Uniform Division in charge of the K9 Unit effective December 14, 2011. Chief Boykins stated in his letter that Sergeant Spadafora was sworn on the department on April 19, 1995. Upon a motion made by Mr. Bondurant, seconded by Mr. Collins and carried, the recommended promotion to special assignment was approved. Chief Boykins pinned Sergeant Spadafora's badge on him and the Board joined the Chief in congratulating him. ACCEPT AND APPROVE APPLICATION FOR RETIREMENT — CHARLES FLANAGAN In a letter to the Board, Chief Darryl Boykins submitted the Application and Declaration for Retirement for Patrolman First Class Charles Flanagan, effective December 6, 2011. In his letter, Chief Boykins noted that Patrolman Flanagan has served the Department with loyalty and distinction during the last twenty -two (22) years, two (2) months and two (2) days. 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. Upon a motion made by Mr. Bondurant, seconded by Mr. Collins and carried, the application for retirement was accepted and approved. APPROVE SPECIAL POLICE COMMISSIONS In a letter to the Board, Police Chief Darryl Boykins recommended that Special Police Commissions be renewed or issued for the year 2012 for the purpose of Traffic Enforcement Officers. The following South Bend Police Department personnel shall be commissioned as members of the South Bend Police Department Special Police Unit, but do not have the authority to be armed nor do they have powers of arrest: Tom Camren Richard Cowper Patrick Leavell Dennis Eckenberger Emil Eckenberger Barbara Leavell - Oscar Murillo - Garnett Keeys - Elton Thompson - Wendy Yuhasz - Steve Wieger - Donnie Graham Police Chief Darryl Boykins recommended that Special Police Commissions be issued or renewed REGULAR MEETING DECEMBER 14, 2011 69 for the year 2012 for the following South Bend Police Department Public Service Officers. These Commissions do not include the powers of arrest or the carrying of a weapon: - Angela Davis - Barbara Holleman - Elaine Rau - Cynthia DeLeon - Janice Taberski - Maria Scherer - Judy Withers - Nicholas Malijan - Antonio Salazar Police Chief Darryl Boykins recommended that Special Police Commissions be issued or renewed for the year 2012 for the following Park Department personnel authorized to carry a South Bend Police Department radio and take Police reports in South Bend Parks and Recreation properties. The following people are armed: - Daniel Schaefer - Steve Orlowski The following Park Department personnel are authorized to carry a South Bend Police Department radio but do not have the authority to be armed nor do they have the powers of arrest: - Phil St.Clair Police Chief Darryl Boykins recommended that Special Police Commissions be issued or renewed for the year 2012 for the following South Bend Fire Department personnel to carry a weapon while acting in the capacity of Arson Investigators. They have no powers of arrest: - Rudy Jimenez - Robert Brechtl The following South Bend Fire Department personnel shall be commissioned for the purpose of writing citations and otherwise enforcing Chapter 9, Fire Prevention, of the South Bend Municipal Code. The commission does not authorize the powers of arrest, or the carrying of a weapon: - Howard Buchanon - Kevin Kolber - Carl Buchanon - James Lopez - Mark Catanzarite - David Maenhout - John Corthier - Mark Nowicki - Stephen Cox - Federico Rodriguez - Al Kirsits - Nick Tekler Police Chief Darryl Boykins recommended that Special Police Commissions be issued or renewed for the year 2012 for the purpose of On- Street Patrol Parking Enforcement Personnel and does not include the carrying of a weapon, nor the powers of arrest: - Jerry Ingram - Richard Grey - Scott Nance - James Lahood - Cliff Bromeling - Damaray Macon Police Chief Darryl Boykins recommended that Special Police Commissions be issued or renewed for the year 2012 to the following Security Officers of Indiana University South Bend. These Commissions are issued for the purpose of issuing citations for parking violations where such violations have fines set by Ordinance and State Law. All of their officers are sworn and certified through the State of Indiana by the Indiana Law Enforcement Academy Training Board. These Commissions have the same authority of as one of our own sworn police officers in which they have the authority to carry a weapon and the powers of arrest: - John Bright - James McGhee REGULAR MEETING - Morris DeGeyter - Edwin Garcia Jr. - Dennis Bernth - Troy Hudgen - Larry Miller - Timothy McNeely - Ed Summers - Bruce Villwock - Glenn McQueen DECEMBER 14, 2011 70 This will empower the above listed individuals to enforce parking violations on the following streets adjacent to the campus: Mishawaka Ave. from Bellevue Street on the west to 21 S` Street on the East; Bellevue Street from Mishawaka Avenue on the north to Hildreth Street on the south; Hildreth Street from Bellevue Street on the west to the campus proper on the east; Esther Street from Mishawaka Avenue on the north to Hildreth Street on the south; Ruskin Street from Bellevue Street on the west to the campus proper on the east; 20`" Street from Mishawaka Avenue on the north to Northside Boulevard on the south; Vine Street from 20`" Street on the west to 21s` Street on the east; and Northside Boulevard from 21S` Street on the east to Memorial Park on the west. Police Chief Darryl Boykins recommended that a Special Police Commission be issued or renewed for the year 2012 to the following Security Officer of Ivy Tech South Bend Campus. This Commission is issued for the purpose of issuing citations for parking violations where such violations have fines set by Ordinance and State Law. This officer is sworn and certified through the State of Indiana by the Indiana Law Enforcement Academy Training Board. This Commission has the same authority of as one of our own sworn police officers in which they have the authority to carry a weapon and the powers of arrest: - James E. Clark Jr This will empower the above listed individual to enforce parking violations on the following streets adjacent to the campus: Main Campus: Michigan St. from Broadway St. north to Sample St. Sample St. east to Fellows. Fellows south to Broadway, including Dean Johnson Blvd. (which runs east and west inside this perimeter). Broadway St. west to Michigan. The property only owned by Ivy Tech at 328 Michigan Street and the property owned by Ivy Tech at 250 Sample St. Police Chief Darryl Boykins recommended that Special Police Commissions be issued or renewed for the year 2012 to the following individuals for the Department of Code Enforcement. This Commission is issued for the purpose of writing citations for Ordinance violations where such violations have fines set by Superior Court Judges. This Commission will also empower the below - listed individuals to enforce the Snow Route and Residential Snow Emergencies and to tow vehicles found to be in violation of these Ordinances. This Commission also includes Animal Control officers who issue tickets for nuisance violations. This Commission does not authorize the powers of arrest nor the carrying or use of a weapon. Code Enforcement Officers: - Catherine Toppel - Karl Hardy - Brian Haygood - Ed Humphrey - Jeff Katona Animal Control Officers: - Stephen Wysinger - Kim Lucas - Chuck Lemaire - Rex Pemberton - Brad Brydon - Gary Libbey - Robert Simmons - John Smith - John Helak - Jim Wood 1 1 REGULAR MEETING DECEMBER 14, 2011 71 Kite Realty Group: -Jeff Irons - Alfredo Alvarado This Commission is issued for the on- street patrol parking enforcement personnel and does not include the carrying of a weapon, nor the powers of arrest. This will empower the above listed individuals to enforce parking violations on the following streets: Eddy Street -South of Angela Blvd and North of Napoleon Street (see attachment) designated two (2) hour parking; Napoleon St (north and south) small section south of Old National Bank, designated two (2) hour parking;. Angela Blvd north of O'Rourke's and Kilwins; and Angela Blvd North of AT &T and McAllisters Deli. Police Chief Darryl Boykins stated that any previous Special Police Commissions that were issued to anyone not listed in his recommendation letter are now rescinded. The aforementioned police commissions are in effect until rescinded. All of the aforementioned individuals have met the Commission requirements of the South Bend Police Department. Upon a motion made by Mr. BonDurant, seconded by Mr. Collins and carried, the renewal of all of the above listed Special Police Commissions was approved. APPROVE LETTER OF UNDERSTANDING BETWEEN THE CITY OF SOUTH BEND AND THE FRATERNAL ORDER OF POLICE. SOUTH BEND LODGE NO. 36 Attorney Thomas Bodnar presented the Board with a Letter of Understanding regarding Paragraph 5 of Article 21 of the South Bend Police Department Working Agreement, addressing the award of and carry -over of personal days for participation in the Physical Fitness Program. Upon a motion by Mr. BonDurant, seconded by Mr. Collins and carried, the Letter of Understanding was approved. ACCEPT RECOMMENDATION FOR EMPLOYEE OF THE MONTH — SEPTEMBER. 2011 MICHAEL BEIGELBECK In a letter to the Board, Chief Boykins stated that Patrolman First Class Michael Beigelbeck was selected as Employee of the Month for September, 2011. 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, Mr. Cottrell stated the Board would accept the recommendation of Chief Boykins for filing. ACCEPT RECOMMENDATION FOR EMPLOYEES OF THE MONTH — OCTOBER. 2011 - KELLY HIBBS AND CHRISTOPHER HOUSER Chief Boykins stated that Patrolman First Class Kelly Hibbs and Patrolman First Class Christopher Houser were selected as Co- Employees of the Month for October, 2011. 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, Mr. Cottrell stated the Board would accept the recommendation of Chief Boykins for filing. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — NOVEMBER 2011 Mr. Cottrell indicated that unless there were questions or objections by members of the Board, the statistical analysis report for the month of November, 2011, as submitted by the Police Department, would be accepted for filing. There being no objections, the following report was accepted for filing: NOVEMBER NOVEMBER YEAR TO DATE PART I OFFENSES 2010 2011 CHANGE (10) (11) CHANGE MURDER 2 2 0 6 9 3 RAPE 3 6 3 49 58 9 ROBBERY 27 22 - 5 313 354 41 REGULAR MEETING AGGRAVATED ASSAULT BURGLARY RESIDENT BURGLARY NON RESIDENT LARCENY MOTOR VEHICLE THEFT ARSONS GRAND TOTAL HEARING - REMOVAL OF BEST WAY TOWING FROM CITY TOWING LIST Mr. David Mirkin, Mirkin Law Offices, introduced himself as Bestway Towing's attorney. He also introduced his client, Mr. Todd Stull, Bestway Towing. Mr. Mirkin thanked the Board for the opportunity to deal with these unfortunate circumstances. He stated Mr. Stull's company has been on the City towing list for seven (7) years and it has been an integral part of their business. He stated Bestway has worked with the Police, especially Sgt. Goen, who can verify the company does a good job. Mr. Mirkin stated that unfortunately Mr. Stull misunderstood when he can charge a surcharge. He noted according to the regulating resolution there is a data base online that surcharges are based on but Mr. Stull was paying more because he uses diesel fuel and was under the impression he could charge a surcharge based on his cost. Mr. Mirkin affirmed it was a misunderstanding on the part of Mr. Stull. Mr. Mirkin stated that Mr. Bodnar sent a letter to Bestway Towing on October 7, 2011, but they did not get the letter. He added if they had received the letter at that time, they would have refunded the $10.00 overcharge. Mr. Mirkin noted that since receiving Chief Boykin's letter of November 17, 2011, Mr. Stull has refunded all over - charges. Mr. Mirkin apologized on behalf of Mr. Stull and reiterated that refunds were sent as soon as Bestway received the Chief's letter. He added that Bestway has assured him this will never happen again. Mr. Mirkin stated it is important to point out that Bestway made a significant financial investment in the City with the purchase of City property to add on to their facility on Fellows Street. He noted they put up half of the funds and the City financed the other half. Mr. Mirkin stated the City will lose on their investment as well as Bestway, he noted, if they are removed from the towing list. He added they will also have to lay -off two employees. Mr. Mirkin apologized again and stated this will not happen again. Mr. Mirkin informed the Board also, that the resolution does not allow for termination due to overcharges. Mr. Bodnar questioned if Bestway ever got any of his letters. Mr. Mirkin stated they received one, and a faxed copy of Mr. Bodnar's letter. Mr. Bodnar stated both were returned to his office and his secretary resent both letters, so that is not correct. He questioned if Bestway had a copy of Resolution No. 22 -2009. Mr. Mirkin stated they do. Mr. Bodnar noted the resolution says only gas prices listed on the web page can be the basis for charging surcharges. He questioned if they had read the page. Mr. Mirkin stated Bestway's vehicles use diesel, not gas. Mr. Bodnar noted there is no authorization to charge a surcharge on diesel; why should you be authorized to pass on the extra cost of diesel because you bought diesel vehicles. Mr. Mirkin stated it's interesting that that authorization isn't in the resolution, it probably should be. Mr. Mirkin presented copies of the checks sent to refund the overcharges to Mr. Bodnar. Mr. Bodnar asked if these were being offered into evidence. Mr. Mirkin stated if he would like to, yes. Mr. Bodnar stated he would like to put into evidence a chart showing gas price fluctuations over the last year. Mr. Mirkin stated he had no objection. Mr. Bodnar informed Sergeant Stephen Goen that he received an email from Sgt. Goen on November 10, 2011 regarding Bestway's refusal to refund overcharges. He asked Sgt. Goen when he spoke to Mr. Stull. Sgt. Goen stated he spoke to Todd and advised him to stop surcharges immediately before he sent the email. Mr. Cottrell stated in his letter, Sgt. Goen stated Mr. Stull had stopped charging surcharges but had not refunded any money. Mr. Cottrell questioned why he didn't do the refunds before November 29, 2011. Mr. Mirkin stated he received October's letter on November 21, 2011. He immediately went through Bestway's records and they processed checks within seven (7) days. Mr. Stull added he received the letter on November 21, 2011 and advised he was processing checks. Mr. BonDurant asked again why it took until November 29, 2011 to do the refunds. Mr. Stull stated he was going through the records and getting all of them together to process all at once. Ms. Vasquez asked how many customers received over - charges. Mr. Mirkin stated there were ninety -eight (98). Ms. Vasquez asked if they all received refunds. Mr. Mirkin stated they had. Ms. Vasquez asked if they paid refunds back for the entire year. Mr. Stull stated they went back to June. Mr. Bodnar confirmed that ninety -eight (98) would be an appropriate number. He noted a lot of vehicles are never picked up, so they never paid. Ms. Vasquez asked when they didn't receive the letter from Mr. Bodnar, did they report their change of address to the City. Mr. Stull stated the change of address was sent to the City, the Fire Department, and the Police Department. He stated he doesn't know why Legal didn't receive it. Mr. Mirkin stated business with the City is critical to Bestway; they have done a good job, this f 1 1 DECEMBER 14, 2011 72 31 15 - 16 328 250 - 78 121 157 36 1556 1540 - 16 42 65 23 470 567 97 307 284 - 23 3175 3196 21 20 28 8 281 295 14 8 3 - 5 51 41 - 10 561 582 21 6229 6310 81 HEARING - REMOVAL OF BEST WAY TOWING FROM CITY TOWING LIST Mr. David Mirkin, Mirkin Law Offices, introduced himself as Bestway Towing's attorney. He also introduced his client, Mr. Todd Stull, Bestway Towing. Mr. Mirkin thanked the Board for the opportunity to deal with these unfortunate circumstances. He stated Mr. Stull's company has been on the City towing list for seven (7) years and it has been an integral part of their business. He stated Bestway has worked with the Police, especially Sgt. Goen, who can verify the company does a good job. Mr. Mirkin stated that unfortunately Mr. Stull misunderstood when he can charge a surcharge. He noted according to the regulating resolution there is a data base online that surcharges are based on but Mr. Stull was paying more because he uses diesel fuel and was under the impression he could charge a surcharge based on his cost. Mr. Mirkin affirmed it was a misunderstanding on the part of Mr. Stull. Mr. Mirkin stated that Mr. Bodnar sent a letter to Bestway Towing on October 7, 2011, but they did not get the letter. He added if they had received the letter at that time, they would have refunded the $10.00 overcharge. Mr. Mirkin noted that since receiving Chief Boykin's letter of November 17, 2011, Mr. Stull has refunded all over - charges. Mr. Mirkin apologized on behalf of Mr. Stull and reiterated that refunds were sent as soon as Bestway received the Chief's letter. He added that Bestway has assured him this will never happen again. Mr. Mirkin stated it is important to point out that Bestway made a significant financial investment in the City with the purchase of City property to add on to their facility on Fellows Street. He noted they put up half of the funds and the City financed the other half. Mr. Mirkin stated the City will lose on their investment as well as Bestway, he noted, if they are removed from the towing list. He added they will also have to lay -off two employees. Mr. Mirkin apologized again and stated this will not happen again. Mr. Mirkin informed the Board also, that the resolution does not allow for termination due to overcharges. Mr. Bodnar questioned if Bestway ever got any of his letters. Mr. Mirkin stated they received one, and a faxed copy of Mr. Bodnar's letter. Mr. Bodnar stated both were returned to his office and his secretary resent both letters, so that is not correct. He questioned if Bestway had a copy of Resolution No. 22 -2009. Mr. Mirkin stated they do. Mr. Bodnar noted the resolution says only gas prices listed on the web page can be the basis for charging surcharges. He questioned if they had read the page. Mr. Mirkin stated Bestway's vehicles use diesel, not gas. Mr. Bodnar noted there is no authorization to charge a surcharge on diesel; why should you be authorized to pass on the extra cost of diesel because you bought diesel vehicles. Mr. Mirkin stated it's interesting that that authorization isn't in the resolution, it probably should be. Mr. Mirkin presented copies of the checks sent to refund the overcharges to Mr. Bodnar. Mr. Bodnar asked if these were being offered into evidence. Mr. Mirkin stated if he would like to, yes. Mr. Bodnar stated he would like to put into evidence a chart showing gas price fluctuations over the last year. Mr. Mirkin stated he had no objection. Mr. Bodnar informed Sergeant Stephen Goen that he received an email from Sgt. Goen on November 10, 2011 regarding Bestway's refusal to refund overcharges. He asked Sgt. Goen when he spoke to Mr. Stull. Sgt. Goen stated he spoke to Todd and advised him to stop surcharges immediately before he sent the email. Mr. Cottrell stated in his letter, Sgt. Goen stated Mr. Stull had stopped charging surcharges but had not refunded any money. Mr. Cottrell questioned why he didn't do the refunds before November 29, 2011. Mr. Mirkin stated he received October's letter on November 21, 2011. He immediately went through Bestway's records and they processed checks within seven (7) days. Mr. Stull added he received the letter on November 21, 2011 and advised he was processing checks. Mr. BonDurant asked again why it took until November 29, 2011 to do the refunds. Mr. Stull stated he was going through the records and getting all of them together to process all at once. Ms. Vasquez asked how many customers received over - charges. Mr. Mirkin stated there were ninety -eight (98). Ms. Vasquez asked if they all received refunds. Mr. Mirkin stated they had. Ms. Vasquez asked if they paid refunds back for the entire year. Mr. Stull stated they went back to June. Mr. Bodnar confirmed that ninety -eight (98) would be an appropriate number. He noted a lot of vehicles are never picked up, so they never paid. Ms. Vasquez asked when they didn't receive the letter from Mr. Bodnar, did they report their change of address to the City. Mr. Stull stated the change of address was sent to the City, the Fire Department, and the Police Department. He stated he doesn't know why Legal didn't receive it. Mr. Mirkin stated business with the City is critical to Bestway; they have done a good job, this f 1 1 1 REGULAR MEETING DECEMBER 14, 2011 73 was all just a misunderstanding on their part. He added being taken off the list could destroy their business and stated they deserve a second chance. Mr. Cottrell stated the Board will review and make a decision at their next meeting in January. FIRE DEPARTMENT APPROVE ADDITIONS TO DUTY MANUAL In a letter to the Board, Fire Chief Howard Buchanon requested the Board approve additions to the South Bend Fire Department Duty Manual Sections 206.02 regarding Uniform Policy and Description; Section 300.11 regarding Uncleanliness in Appearance; and Section 404.01 regarding Dissemination of Fire Department via Internet or Otherwise. There being no further discussion, a motion to approve the recommendation was made by Ms. Vasquez, seconded by Mr. Miller and carried. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — NOVEMBER 2011 Fire Chief Howard Buchanon submitted to the Board the monthly report for the month of November 2011 compiled by the Prevention/Inspection Bureau of the Fire Department. Mr. Cottrell stated if there were no objections, the Board would accept the report for filing as presented. A summary is as follows: November 1 November 2010 2011 STRUCTURE FIRES Property Damage -- Buildings & Contents (Estimates) $89,450.00 $125,100.00 INSPECTIONS (Fire Prevention/Inspection Bureau) 340 Inspections 244 Inspections 1 152 Re-Inspections 79 Re-Inspections INVESTIGATIONS (Police/Fire Arson Bureau) 22 21 Investigations Investigations 6 3 Arson Arson APPROVE MEMORANDUM OF UNDERSTANDING AND RATIFY FIRE CHIEF'S SIGNATURE - NOTRE DAME UNIVERSITY Attorney Thomas Bodnar stated in a letter to the Board that this Memorandum of Understanding concerns two buildings on the south side of Angela and Edison; the Medical School and Innovation Park. Both buildings are located within the City limits, but the University of Notre Dame's Fire Department will assume responsibility in the case of a fire alarm. It was agreed that the University's response time to a fire is much shorter than Station 3 or any other South Bend Fire Station. This agreement insures the people in these buildings would have the fastest possible response to a fire. Therefore, upon a motion by Ms. Vasquez, seconded by Mr. Miller and carried, the Memorandum of Understanding was approved and Chief Buchanon's signature on the Memorandum was ratified. PRIVILEGE OF THE FLOOR Ms. Becky Badders, ASAP Towing, stated she was present to discuss the removal of Bestway Towing from the City Towing list. She noted they have been out of compliance for many years, as were many of the other towing companies based on compliance percentages she put together. She asked the Board if follow -up letters had gone out to all of the towing companies about being in compliance after the last Board of Safety meeting. Chief Boykins acknowledged that they had been sent letters. Ms. Badders noted that after reviewing the resolution regulating the towing list, the City does not have to give warnings regarding compliance. She asked how she could obtain copies of the letters sent to the towing companies. Mr. Bodnar stated she would need to fill out an access to public records request. Ms. Badders distributed charts she put together showing compliance percentages for 2009, 2010, and 2011 for each towing company. Mr. BonDurant asked how she came up with her numbers. Ms. Badders stated she got the numbers from the Police Department records and put the numbers into a matrix. She noted she has a request in for September through November but that has not come in yet. She stated, however, that as of the third quarter, there have not been any REGULAR MEETING DECEMBER 14, 2011 74 improvements. Mr. Cottrell stated the Board would need to review how she got her percentages. He asked her to confirm she was saying that by resolution, the towing companies should not refuse 10% of towing requests. Ms. Badders confirmed that statement and added that the resolution requires that you give notification to the Police Department if you are without a towing vehicle. Ms. Badders added that in her letter of October to the Board, she informed them that her company is providing a truck just for weekend hours so they will always have someone available. ADJOURNMENT There being no further business to come before the Board, Mr. Cottrell declared the meeting adjourned at 10:05 a.m. BOARD OF PUBLIC SAFETY Patrick D. Cottr 1, Member Bruce . Bon D7ranl,yMember � Laura A. Vasquez, b r Eddie Miller, Member J61ip,eollins, Member ATTEST: da M. Martin, derk I