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HomeMy WebLinkAbout01/18/12 Board of Public Safety MeetingPUBLIC AGENDA SESSION JANUARY 18, 2012 The Board of Public Safety met in the Public Agenda Session at 8:05 a.m. on Wednesday, January 18, 2012, 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, Assistant Fire Chief Steve Cox, and Board Attorney Andrea Beachkofsky. The meeting was held in the Board of Public Works Meeting Room, 13ih Floor County City Building, South Bend, Indiana. SWEARING IN OF BOARD MEMBERS Mr. John Voorde, City Clerk, was present and distributed the Oath of Office to Pat Cottrell, Bruce BonDurant, Laura Vasquez, Eddie Miller, and John Collins, all re- appointed to the Board of Safety by Mayor Pete Buttigieg. The members were swom in by Mr. Voorde and signed their Oaths. ELECTION OF 2012 PRESIDENT OF THE BOARD Upon a motion by Mr. BonDurant, seconded by Mr. Miller and carried, Mr. Pat Cottrell was elected President of the Board of Safety for 2012. Board members discussed the following items from the agenda: - Employee of the Month — Police Department Police Chief Darryl Boykins informed the Board that the Michigan Police Family Violence Unit was investigating a child molestation case. The charges were found to be unsubstantiated based on the mother's word. Patrolman Jason Biggs investigated finther and was able to get a full confession from the mother of her molestation of her son. She was ultimately arrested. Chief Boykins noted had Patrolman Biggs not pursued this investigation further, the boy would have been placed back in the home with his mother. - Resolution No. 02 -2012 — Extending the 2011 Fire Department Hiring List Mr. Cottrell stated in the last paragraph of this resolution it stated the candidate's must pass a physical agility test administered after January 1, 2012, prior to being sworn in. He asked the Chief if they must also pass a physical exam. Chief Howard Buchanon stated it is automatic that you get a physical exam in the hiring process. He noted a two -year physical agility test is important to see if they are still able to keep up with the demands of the job, and they still need a doctor's slip to say they are physically fit to go through the physical agility testing. Mr. Miller questioned Police Chief Boykins if the Police Department administers these tests also. Chief Boykins stated the Policemen must have a physical every year. Fire Chief Buchanon added if there are health problems, the firemen have a certain period of time to address the issues. If the health condition is not cleared up in that period of time, they may be put before the pension Board. - Resolution No. 05 -2012 — Commendation for Jahmal Delk Chief Howard Buchanon stated this was brought to his attention by Mr. Lynn Coleman, formerly with the Mayor's office. He noted this brave act by this boy happened a while ago, but the Fire Department felt it should not go unnoticed. Chief Buchanon stated he was not sure if the family would be able to be present to accept the Commendation. Duty Manual Changes Fire Chief Buchanon noted when the Duty Manual changes were approved; they left out a section regarding the covering of tattoos when not in quarters. He explained that tattoos must be covered when firefighters are in the public. Chief Buchanon noted this page will replace pages 46 -47 of the Duty Manual ADJOURNMENT There being no further business to come before the Board, Mr. Cottrell declared the meeting adjourned at 8:24 a.m. BOARD OF PUBLIC SAFETY Patrick D. Cottrell, Member PUBLIC AGENDA SESSION Bruce J. A. Vasquez, JANUARY 18, 2012 Eddie Miller, Member Jo ollins, Member ATTEST: c 2 - ass_- if da M .Martin, lerl EXECUTIVE SESSION JANUARY 18.2012 The Board of Public Safety met in the Executive Session on Wednesday, January 18, 2012 at 8:35 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). 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, Assistant Chief Steve Cox, and Attorney Andrea Beachkofsky. Board members did not discuss any subject matter other than the subj ect matter as specified in the Public Notice. The meeting adjourned at 9:12 a.m. BOARD OF PUBLIC SAFETY Patrick D. Cottrell, Member Bruce J Vasquez, Eddie Miller, Member y Jo Co ffins, Member EST: nda M. Martin, Cleik REGULAR MEETING JANUARY 18, 2012 The Board of Public Safety met in the regular meeting at 9:18 a.m. on Wednesday, January 18, 2012, with Board President Patrick Cottrell and Board Members Bruce Bondurant, Laura Vasquez, Eddie Miller and John Collins present. Also present were Police Chief Darryl Boykins, Fire Chief Howard Buchanon, Assistant Fire Chief Steve Cox, and Board Attorney Andrea Beachkofsky. The meeting was held in the Board of Public Works Meeting Room, 13`h Floor County City Building, South Bend, Indiana. r I J t REGULAR MEETING JANUARY 18, 2012 APPROVE MINUTES OF PREVIOUS MEETINGS Upon a motion by Mr. BonDurant, seconded by Ms. Vasquez and carried, the Minutes of the Public Agenda Session, Executive Session, and Regular Meetings of the Board held on December 14, 2011were approved as presented. ADOPT RESOLUTION NO. 03-2012 - 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 CLAY TOWNSHIP (ALIBABA ANNEXATION AREA) Mr. Jeff Vitton, Community and Economic Development, presented the following Resolution regarding the annexation of the AliBaba Area, and noted the request was submitted by the owner of the property. Chief Howard Buchanon noted there was an error in the Fiscal Plan regarding the Fire Department. He stated the Plan states this area will be serviced by Medic 10, but it should state Medic 12. Mr. Vitton said he would make that correction. Upon a motion by Ms. Vasquez, seconded by Mr. Miller and carried, the following Resolution was approved by the Board of Public Safety: RESOLUTION NO. 03-2012 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING,', POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP (ALIBABA 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 Clay 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 1.42 acres of land containing a commercial building and vacant land, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 25.7% contiguous, generally located near the northeast corner of State Road 23 and Terrace Lane (17917 State Road 23). It is anticipated that the annexation area will be used for commercial purposes as permitted by the zoning ordinance. 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 18.2012 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 6 and 7 of Exhibit "A ", for the furnishing of said services to the territory to be annexed. Adopted the 18th day of Jami , 2012. BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA sBruce J. BonDuram s/Patrick Cottrell s /Laura A. Vasquez s /Eddie L. Miller s/ John Collins Attest/Linda Martin, Clerk POLICE DEPARTMENT FINDINGS ON HEARING TO REMOVE BEST WAY TOWING FROM CITY TOWING LIST Upon a motion by Ms. Vasquez, seconded by Mr. Miller and carried, the Board voted to reinstate Best Way Towing to the City towing list, effective January 18, 2012. President Cottrell informed the owners of the company that Police Chief Daryl Boykins would like to speak with them after the Board of Safety meeting. ACCEPT RECOMMENDATION FOR EMPLOYEE OF THE MONTH — NOVEMBER 2011 In a letter to the Board, Chief Boykins stated that Patrolman 151 Class Jason Biggs was selected as Employee of the Month for November, 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. Chief Boykins stated this was outstanding investigative work by Patrolman Biggs. There being no further discussion, President Cottrell stated the recommendation would be accepted for filing. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — DECEMBER 2011 President Cottrell indicated that unless there were questions or objections by members of the Board, the statistical analysis report for the month of December, 2011, 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 2010 2011 CHANGE 5101 JUI CHANGE 0 0 0 6 9 + 3 3 2 - l 52 60 + 8 26 52 + 26 339 406 + 67 21 19 - 2 349 269 80 150 164 + 14 1706 1704 2 41 64 + 23 511 631 + 120 236 241 + 5 3411 3437 + 26 21 29 + 8 302 324 + 22 0 2 + 2 51 43 - 8 498 573 + 75 6727 6883 + 156 C c REGULAR MEETING JANUARY 18, 2012 ADOPT RESOLUTION NO. 02-2012 - A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA, EXTENDING THE FIRE DEPARTMENT HIRING LIST In a Memo to the Board, Mr. Thomas Bodnar, retired December 31, 2011 from the Legal Department, stated that Fire Chief Howard Buchanon informed him that there are only two retirements anticipated this year in the Fire Department. That is not enough to require any new ' hiring. Mr. Bodnar noted, however, that if there are any unexpected resignations or other unforeseen events, there may arise a need to commence the hiring process. Therefore, Mr. Bodnar forwarded the following resolution extending the current Fire Department hiring list, in the unlikely event that it is needed. Upon a motion by Mr. BonDurant, seconded by Mr. Collins and carried, the following Resolution was approved by the Board of Public Safety: RESOLUTION NO. 02 -2012 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA, EXTENDING THE FIRE DEPARTMENT HIRING LIST WHEREAS, the Board of Public Safety of the City of South Bend, Indiana, has, since at least 2001 been hiring from a list which requires candidates to first pass the candidate's physical agility test promulgated by the International Association of Fire Chiefs, the International Association of Firefighters, AFL -CIO and many other diverse and interested groups and then to pass a written aptitude test and an oral interview. The candidates are then ranked by a combined score from the written aptitude test and the oral interview; and WHEREAS, in accordance with past practice in 2009 a list was approved by this Board which list was to expire on December 31, 2011; and WHEREAS, it is not likely that any hiring's will be made by the City of South Bend for its Fire Department in the year 2012 and there would be a substantial cost to do the testing to promulgate another list, NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Safety of the City of South Bend, Indiana, that: The firefighter hiring list which was designated to expire on December 31, 2011 be extended for one year to December 31, 2012, however, each candidate shall be required to have passed a candidate's physical agility test administered after January 1, 2012 prior to being sworn in. Dated this 18th day of December, 2012. BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA s/Patrick D. Cottrell, President s/Bruce J. BonDurant, Member s/Laura A. Vasquez, Member s/Eddie L. Miller, Member ' s /John Collins, Member Attest/Linda M. Martin, Clerk ADOPT RESOLUTION NO. 05 -2012 — COMMENDATION FOR MR. JAHMAL DELK Fire Chief Howard Buchanon read the following Commendation out loud and the Board congratulated Mr. Delk and his family on his outstanding heroic actions. RESOLUTION NO. 05 -2012 COMMENDATION FOR MR. JAHMAL DELK WHEREAS, the Board of Public Safety wishes to issue Commendations to individuals who REGULAR MEETING JANUARY 18, 2012 6 perform meritorious service on behalf of the citizens of this Community, and; WHEREAS, such service shall be recognized by the Board of Public Safety and appropriate Commendation shall be presented to the individual performing said meritorious service. NOW, THEREFORE, BE IT RESOLVED, that Commendation be given to: JAHMAL DELK WHEREAS, on June 14, 2011, ten -year -old Jeremiah Delk reached over a candle, igniting his clothing and becoming completely engulfed in flames, and; WHEREAS, Jeremiah remembered what he learned in school, and attempted to douse the flames by performing a "stop, drop, and roll ", to no avail, and; WHEREAS, Jeremiah's Grandmother, who is chronically ill and uses a walker, sprang from her chair and attempted to douse the flames with a blanket, which also caught on fire, and; WHEREAS, Jahmal Delk, Jeremiah's oldest brother, heard the commotion and screaming from a back room, and saw his brother running toward him engulfed in flames, and; WHEREAS, Jahmal Delk grabbed a pot of water and threw it on his brother and bravely picked Jeremiah up and carried him into the bathroom, placing him in the bathtub to continue to douse the fire until it was out, and; WHEREAS, Jahmal told his mother that Jeremiah was so hot, he felt as if he was going to catch on fire also, but Jahmal disregarded the risk of injury to himself and put his younger brother's I life before his own. THEREFORE, BE IT FURTHER RESOLVED, that the City of South Bend recognizes and commends Jahmal Delk for his extraordinary courage, bravery, and selfless heroism, beyond his young age of fifteen (15), that resulted in saving his brother's life ADOPTED this 18th Day of January, 2012 BOARD OF PUBLIC SAFETY CITY OF SOUTH BEND, INDIANA s /Patrick Cottrell, President s/Bruce BonDurant, Member s/Laura Vasquez, Member s/Eddie Miller, Member s /John Collins, Member ATTEST: s/Linda Martin, Clerk Upon a motion by Mr. BonDurant, seconded by Mr. Collins and carried, Resolution No. 05 -2012 I was approved. APPROVE REVISED DUTY MANUAL CHANGES In a letter to the Board, Fire Chief Howard Buchanon stated there has been a change to Section 3000,000(H)(4), Rules of Conduct, Tattoos and Brand, affecting the first two sentences of the section. Chief Buchanon attached replacement pages number 46 and 47 for updating the Duty Manual. Upon a motion by Mr. Bondurant, seconded by Mr. Miller and carried, the revised changes to the Duty Manual were approved. REGULAR MEETING JANUARY 18 2012 7 APPROVE REMOVAL FROM SPECIAL ASSIGNMENT — TONY SCHELSKE In a letter to the Board, Chief Howard Buchanon recommended that Firefighter Tony Schelske be removed from the position of Captain in Special Assignment, effective January 18, 2012. In his letter, Chief Buchanon stated Firefighter Schelske was in violation of duty Manual Sections 404.00, Use of Personal Communications Devices, and Section 404.01 Dissemination of Fire Department Information via Internet or Otherwise, subsequently failing to fulfill his obligation as Captain in Special Assignment during his temporary assignment. Upon a motion by Mr. BonDurant, seconded by Mr. Miller and carried, the recommended removal of Firefighter Tony Schelske from Special Assignment was approved effective January 18, 2012. ACCEPT RESIGNATION — RYAN GATNY President Cottrell advised that Fire Chief Howard Buchanon has submitted to the Board a letter of resignation from 3rd Class Firefighter Ryan Gatny, effective January 13, 2012. In his memo, Chief Buchanon stated Firefighter Gamy was hired on April 13, 2011 and has served the South Bend Fire Department and the citizens of South Bend for the last nine (9) months. Upon a motion by Mr. BonDurant, seconded by Mr. Miller and carried, the letter of resignation was accepted for filing. ACCEPT DONATION In a letter to the Board, Chief Howard Buchanon informed the Board of a donation of a $30.00 Papa John's Pizza gift card presented to Fire Station No. 9 from the River Park neighborhood in appreciation of their services. Chief Buchanon stated the Firefighters at Station No. 9 would like to donate the gift card to Park Jefferson Apartments to go to a resident that suffered loss in the fire of January 4, 2012. Mr. Cottrell stated the Board would accept the donation and approve the request to donate it to Park Jefferson Apartments. FILING OF OUARTERLY REPORT FOR TRAVEL AND TRAINING — OCTOBER TO DECEMBER 2011 Fire Chief Howard Buchanon submitted to the Board a written Quarterly Report for Travel and Training Expenses for the period of October through December, 2011. The report indicated the training attended, the names of the firefighter who attended, the justification, and the costs involved. There being no questions concerning this report, the Quarterly Report for Travel and Training Expenses as submitted was accepted and filed. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — DECEMBER 2011 Fire Chief Howard Buchanon submitted to the Board the monthly report for the month of December 2011 compiled by the Prevention/Inspection Bureau of the Fire Department. President Cottrell stated if there were no objections, the Board would accept the report for filing as presented. A summary is as follows: DECEMBER DECEMBER 2010 1 2011 STRUCTURE FIRES Property Damage -- Buildings & Contents (Estimates) $158,00.00 1 $276,000.00 INSPECTIONS (Fire Prevention/Inspection Bureau) 248 Inspections 149 Inspections 39 Re-Inspections 60 Re-Inspections INVESTIGATIONS Police/Fire Arson Bureau) 14 23 Investigations Investigations 0 2 Arsons Arsons PRIVILEGE OF THE FLOOR Ms. Francesca Hrezo, ASAP Towing, presented the Board with an updated report of the compliance statistics of each towing company currently on the City Towing List. President Cottrell thanked her for the information. REGULAR MEETING JANUARY 18, 2012 President Cottrell stated there were two other items that needed to be addressed. He informed those present that Fire Chief Howard Buchanon was retiring February 1, 2012, and this would be the last Board of Safety meeting he would be attending. The Board thanked Chief Buchanon and congratulated him on his retirement. President Cottrell noted that this would also be the last meeting for Mr. Bruce BonDurant; he has submitted his resignation from the Board of Safety. Mr. BonDurant stated he is the step- father of the newly appointed Fire Chief, Steve Cox, and that would cause a conflict of interest so he has decided to resign as of today, January 18, 2012. ADJOURNMENT There being no further business to come before the Board, President Cottrell declared the meeting adjourned at 9:34 a.m. AT -EST: Li da M. Martin, Cle BOARD OF PUBLIC SAFETY Bruce J. onDurant, Member rte/ O Laura A. Vasquez, M m r Eddie Miller, Member , J Collins, Member