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HomeMy WebLinkAbout04/18/12 Board of Public Safety MinutesAGENDA SESSION APRIL 18, 2012 22 The Board of Public Safety met in the Public Agenda Session at 8:06 a.m. on Wednesday, April 18, 2012 in the Board of Works Conference Room, Ste. 1308, County -City Building, South Bend, Indiana, with Board President Patrick D. Cottrell and Board Members Laura Vasquez, Eddie Miller, John Collins, and Luther Taylor present. Also present were Police Chief Charles Hurley, Assistant Fire Chief Federico Rodriguez, 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. Board members discussed the following items from the agenda: - Findings of Fact — Charges 2012 -02 Andrea Beachkofsky, Legal, stated Charges 2012 -02 against PFC Christopher Bortone were approved at the Board's last meeting of March 21, 2012. Ms. Beachkofsky informed the Board that Patrolman Bortone sent a letter to the Board accepting the charges against him and the disciplinary action of a fifteen (15) day suspension without pay, and a letter of reprimand to be placed in his file. She noted now the Board needs to approve the Findings of Fact, approving the recommended discipline. - Employee of the Month — January, 2012 Interim Police Chief Charles Hurley stated Patrolman Joseph Cole was selected as Employee of the Month for January 2012 for his exceptional work in the arrest of a violent and dangerous individual. While on patrol, Patrolman Cole recognized an individual from a crime bulletin that stated he might be armed and dangerous. Patrolman Cole and his partner attempted to stop the suspected stolen vehicle. The suspect fled and a pursuit began with Patrolman Cole relaying his path on his police radio. During the pursuit, several articles were thrown from the vehicle, including a type of gas that was later determined to be a type of dangerous ammonia. The passenger of the suspect's vehicle exited the vehicle at one point and was arrested. The pursuit of the suspect continued until he eventually lost control of his car and went down a riverbank. The suspect was able to exit the car and jumped in the river, but quickly suffered from hypothermia and began floating downstream. The Police officers at the scene were able to throw a rope to him and pull him from the river. He was arrested and it was determined that the vehicle was stolen, and the articles thrown from the vehicle were used for producing methamphetamine. A stolen handgun was also confiscated from the suspect. Chief Hurley stated Patrolman Cole did an excellent job of getting this violent and dangerous burglary suspect off the streets. He noted there were many officers that did an exceptional job that month, but it was determined that Patrolman Cole's efforts needed to be recognized. ADJOURNMENT There being no further business to come before the Board, Ms. Beachkofsky declared the meeting adjourned at 9:15 a.m. BOARD OF PUBLIC SAFETY Eddie Miller, - it lAn Collins, Member AFL �Tj� Luther Taylor, Mernider ATTEST: I nda M .Martin, Jerk u L EXECUTIVE SESSION APRIL 18, 2012 23 The Board of Public Safety met in the Executive Session on Wednesday, April 18, 2012 at 8:30 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) and 7 regarding Disciplinary Action and Confidential Medical Records. Board President Patrick Cottrell and Board Members Laura Vasquez, Eddie Miller, John Collins, and Luther Taylor were present. Also present were Police Chief Charles Hurley, Assistant Fire Chief Federico Rodriguez, 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 9:14 a.m. BOARD OF PUBLIC SAFETY � Patrickff Cottre1,);resident Laura A. Vasquez, Member' 4k, 'r ) L) Eddie Miller, Member Member Luther Taylor, Member A ES` �^ nda M. Martin, bork ' REGULAR MEETING APRIL 18.2012 The Board of Public Safety met in the regular meeting at 9:19 a.m. on Wednesday, April 18, 2012, in the Board of Works Conference Room, Ste. 1308, County City Building, South Bend, Indiana, with Board President Patrick Cottrell and Board Members Laura Vasquez, Eddie Miller, John Collins, and Luther Taylor present. Also present were Police Chief Charles Hurley, Assistant Fire Chief Federico Rodriguez, and Attorney Andrea Beachkofsky. APPROVE MINUTES OF PREVIOUS MEETINGS President Cottrell stated if there were no objections, the Board would accept the Minutes of the Public Agenda Session, Executive Session, and Regular Meetings of the Board held on March 21, 2012 as presented. ADOPT RESOLUTION NO. 20 -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 (DOUGLAS SOUTH ANNEXATION AREA) Mr. Michael Divita, Community and Economic Development, stated this request for annexation came from the property owner on Douglas Road and includes .75 acres that is currently vacant land. He noted the area is zoned single family but the proposal is to rezone the property to commercial use, ' like the adjoining area. Mr. Divita stated there will not be any additional Police or Fire personnel needed for service of this area and no unusual calls are anticipated. Ms. Beachkofsky asked what other businesses are in the area. Mr. Divita stated there is a dental office and Memorial Home Care. Upon a motion made by Ms. Vasquez, seconded by Mr. Collins and carried, the following Resolution was adopted by the Board of Public Safety: RESOLUTION NO. 20-2012 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 (DOUGLAS SOUTH ANNEXATION AREA) REGULAR MEETING APRIL 18. 2012 24 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 0.75 acres of land containing vacant land, which property is at least 12.5% contiguous to the current City limits, ' i.e., approximately 75.8% contiguous, generally located on the south side of Douglas Road east of State Road 23 (17210 Douglas Road). 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 famished 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 I 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 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 April, 2012. BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA s/Patrick D. Cottrell, President ' s/Laura A. Vasquez, Member s/Eddie Miller, Member s /John Collins, Member s/Luther Taylor, Member ATTEST: s/Linda M. Martin, Clerk POLICE DEPARTMENT APPROVE FINDINGS OF FACT - CHARGE 2012 -02 — CHRISTOPHER BORTONE In a Memorandum to the Board, Ms. Beachkofsky stated that on March 21, 2012, Patrolman First REGULAR MEETING APRIL 18, 2012 25 Class Bortone was served a letter from the Clerk of the Board of Public Safety with a copy of a letter of recommended discipline from former Police Chief Darryl Boykins. Ms. Martin's letter advised PFC Bortone of his rights including his right to request, within five (5) days, a Hearing before the Board of Safety. PFC Bortone responded in writing that he accepts the punishment. In his letter, former Chief Boykins recommended that for his actions that violated the South Bend Police Department Duty Manual Sections (A)(7), (A)(13), and (A)(45) of the South Bend Police Department Duty Manual Section 302.00 and was conduct unbecoming a police officer, in accordance with Department procedures, Patrolman First Class Bortone receive a fifteen (15) day suspension without pay and a letter of reprimand be placed in his file. Mr. Collins noted that on lines 6, 7, 8, and 9 of the Findings of Fact, the date states December 15, 2012, but it should actually be 2011. Therefore upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the Findings of Fact were approved subject to the corrected date. ADDITION TO THE AGENDA — DENY REQUEST FOR HEARING — MEREDITH HANLEY President Cottrell stated the Board was adding this item to the agenda. He stated on March 13, 2012, Detective Meredith Hanley sent a letter to the Board, requesting a Hearing regarding the review of a discipline given her by former Chief Darryl Boykins. Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the Board denied the request for a hearing. APPROVAL U.S. DEPARTMENT OF JUSTICE, JUSTICE ASSISTANCE GRANT (JAG) - 2012 In a letter to the Board, Lieutenant Christopher Voros stated the South Bend Police Department, along with the St. Joseph County Police Department, obtained a 2012 Edward Byrne Justice Assistance Grant Award in the amount of $97,185.00. It was agreed by both jurisdictions that based on FBI crime statistics /population, the South Bend Police Department would receive $77,185.00 and the St. Joseph County Police Department would receive $20,000.00 from the funds. Lieutenant Voros stated that as part of this grant application, the Board of Public Safety is required to publicly review the grant. Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the Grant Application was approved. ' APPROVE AGREEMENT — 2011- 2012 WEED AND SEED ALLIANCE INC. Ms. Elizabeth Maradik, Community and Economic Development, stated she is presenting the Board with an Agreement that has been done previously between South Bend Weed and Seed Alliance, Inc. and the City of South Bend for 2011 -2012 in an amount not to exceed $8,717.00. She noted this agreement provides funds to the City for a Citizen's Police Academy in the Northwest Neighborhood. Ms. Vasquez asked what period this agreement is for. Ms. Maradik stated it is retroactive to fall of 2011 through the current year. Ms. Vasquez noted she has done the classes and it is an excellent program. Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the Agreement was approved. APPROVAL OF DISABILITY APPLICATION — PATROLMAN ANTHONY SCOTT In a letter to the Board, Chief Hurley, Police Department, stated that Patrolman Anthony Scott is retiring from the Police Department effective March 29, 2012 and was approved by the Police Officer's and Firefighter's Retirement and Disability Fund for disability benefits. Upon a motion made by Ms. Vasquez, seconded by Mr. Collins and carried, the Disability Benefits Application was approved. ACCEPT AND FILE RECOMMENDATION FOR EMPLOYEE OF THE MONTH— JANUARY 2012 — JOSEPH COLE ' In a letter to the Board, Chief Hurley stated that Patrolman Joseph Cole was selected as Employee of the Month for January, 2012. 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, the Board accepted the Chief's recommendation for filing. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — MARCH 2012 Chief Charles Hurley stated he noticed on the March statistics there is a decent decrease in almost all crimes. He stated the murder rate though is higher than last year and the focus of the Police Department needs to be on this problem of senseless killings. President Cottrell indicated that unless there were questions or objections by members of the Board, the statistical analysis report for the REGULAR MEETING APRIL 18, 2012 26 month of March 2012, as submitted by the Police Department, would be accepted for filing. There being no objections, the following report was accepted for filing: FIRE DEPARTMENT FILING OF QUARTERLY REPORT FOR TRAVEL AND TRAINING EXPENDITURES — JANUARY, FEBRUARY, AND MARCH 2012 Chief Stephen Cox, South Bend Fire Department, submitted to the Board a written Quarterly Report for Travel and Training expenditures for the period of January, February and March 2012. 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 Travel and Training Expenditures as submitted was accepted and filed. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — MARCH 2012 Fire Chief Steve Cox submitted to the Board the monthly report for the month of March 2012 compiled by the Prevention/Inspection Bureau of the Fire Department. Chief Federico Rodriguez stated that he has added a page to this report that breaks down the smoke detector alarms. Mr. Taylor noted the data reporting has improved a lot since his time as Chief of the Fire Department. Mr. Cottrell stated if there were no obiections- the Board wn» ]r1 acPPnt the rPnl, P, r s; l; ,, — ...e..o + A MARCH MARCH MARCH 2012 YEAR TO DATE Property Damage -- Buildings & Contents PART I OFFENSES 2011 2012 CHANGE JUI JL21 CHANGE MURDER 1 1 0 1 5 4 RAPE 6 1 - 5 17 9 - 8 ROBBERY 20 14 - 6 68 44 - 24 AGGRAVATED ASSAULT 27 27 0 63 51 - 12 BURGLARY RESIDENT 132 97 - 35 325 266 62 BURGLARY NON RESIDENT 31 44 13 82 122 40 LARCENY 256 259 3 663 655 - 8 MOTOR VEHICLE THEFT 25 16 - 9 55 55 0 ARSONS 4 1 - 3 10 1 - 9 GRAND TOTAL 502 460 - 42 1287 1208 - 79 FIRE DEPARTMENT FILING OF QUARTERLY REPORT FOR TRAVEL AND TRAINING EXPENDITURES — JANUARY, FEBRUARY, AND MARCH 2012 Chief Stephen Cox, South Bend Fire Department, submitted to the Board a written Quarterly Report for Travel and Training expenditures for the period of January, February and March 2012. 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 Travel and Training Expenditures as submitted was accepted and filed. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — MARCH 2012 Fire Chief Steve Cox submitted to the Board the monthly report for the month of March 2012 compiled by the Prevention/Inspection Bureau of the Fire Department. Chief Federico Rodriguez stated that he has added a page to this report that breaks down the smoke detector alarms. Mr. Taylor noted the data reporting has improved a lot since his time as Chief of the Fire Department. Mr. Cottrell stated if there were no obiections- the Board wn» ]r1 acPPnt the rPnl, P, r s; l; ,, — ...e..o + A MARCH MARCH 2011 2012 STRUCTURE FIRES Property Damage -- Buildings & Contents (Estimates) $296,500.00 $219,102.00 INSPECTIONS (Fire Prevention/Ins ecticn Bureau) 370 Inspections 379 Inspections 106 Re-Inspections 113 Re-Inspections INVESTIGATIONS (Police /Fire Arson Bureau) 30 15 Investigations Investigations 4 1 Arsons Arsons PRIVILEGE OF THE FLOOR Ms. Francesca Hrezo, ASAP Towing, requested the Board address the resolution regarding the number of towing companies allowed on the City Emergency Towing list. She stated she is asking the Board to approve the addition of her company to the Towing List today, and re -write the resolution when Legal has the time .She stated she will take care of submitting the paperwork to the Board of Works for approval. President Cottrell stated the whole process needs to be reviewed. He stated the Board will take it under advisement, but the Board needs to look into the Police Department's processes regarding calling towing companies. Ms. Beachkofsky added that legally, she needs to change the resolution before any changes to the list can be made. She noted that the person responsible for maintaining the list at the Police Department is no longer employed there and the new person in charge needs time to get an understanding of the process. Ms. Hrezo requested the Board make a motion just to approve adding ASAP to the current Towing List. Mr. Collins noted that based on the Board of Safety's legal representation, the Board just needs to make sure everything is being coordinated with the Police Department also. Mr. Collins made a motion that the Board's legal attorney work with the Chief of Police and have some of the answers presented so everyone can REGULAR MEETING APRIL 18, 2012 27 move forward. Mr. Taylor seconded the motion, which carried. Ms. Beahckofsky stated she can give a preliminary report at the next regular meeting of the Board. ADJOURNMENT There being no further business to come before the Board, President Cottrell declared the meeting adjourned at 10:01 a.m. ATTEST: h nda M. Martin, derk BOARD OF PUBLIC SAFETY Patrick I,). Cottr I1, President, A. Vasquez, Member r v Eddie Miller, Member