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HomeMy WebLinkAbout02-20-08 Health and Public Safety CommitteeHealth and Public Safety Committee 2008 South Bend Common Council The February 20, 2008 meeting of the Health and Public Safety Committee of the South Bend Common Council was called to order by its Chairperson, Council Member Karen L. White at 7:43 a.m. At Allie's Cafe, 2323 Mishawaka Avenue in South Bend, Indiana. Persons in attendance included Council Members Dieter, Puzzello, and White, Mayor Stephen Luecke, City Attorney Charles Leone, Mark Smith, and Kathleen Cekanski- Farrand, Council Attorney. Identification of Committee Goals/Objectives: Council Member White began the meeting stating that she wishes to engage every member of the Committee in the establishment of this year's goals and overall objectives. She believes that transparency is very important. Last year was a very busy year for the Committee, and this year plans to be just as busy. Council Member White listed as one of her first goals to be the development of a plan of action for the review of the quality of life ordinances, with a focus on the implementation and enforcement of these ordinances. Council Member White listed as a second goal addressing the concerns of TAP, noting that Carrie Erin's data was presented last Fal{ addressing individuals who are stopped by the police department. Council Member Puzzello noted that many questions were raised about the study, which have not been addressed. Council Member White stated that the minutes from that meeting should be reviewed and data shared. In response to a question raised by Mr. Smith, Council Member White noted that the study indicated that certain groups of individuals are stopped more than others. TAP has requested an ordinance which also addressed immigration. She noted that TAP stands for Transforming Action into Power. A meeting was held last October at Adams High School and approximately 1,000 were in attendance. They have four (4) committees and are faith-based. Council Member White voiced concern that the ordinance suggested is from Detroit, noting that our cities are very different. Health and Public Safety Committee February 20, 2008 Page 2 Mayor Luecke stated that it was his understanding that Ms. Erin's study was based on a review of tickets. He noted that the Police Department has a different perspective, noting that many lower income neighborhoods have higher crime rates. Chief Boykins was in attendance at that meeting last Fall. The Mayor stated that there is proposed state law legislation pending in the General Assembly currently. Council Member White noted that there is a need for the community to come together to focus on our ordinances. Council Member Puzzello noted that the study by the way it was structured may not be fair to our police department. Council Member White noted that Chief Boykins should be contacted to see what information is needed so that internal discussions can take place. Council Member Puzzello suggested that lawn parking ordinance enforcement should be another topic reviewed by the Committee. She noted that she has had discussions with new Division Chief Walters and has asked the Ordinance Violations Clerk for information on tickets in this area. Council Member White suggested that scrap metal ordinance should also be another quality of life ordinance needed discussion. She noted that Council Member Dieter has suggested an emphasis on the noise ordinance. Council Member Puzzello voiced concern that many ordinances in the City Code appear not to be enforced, suggesting that if they are not needed perhaps that should be repealed citing the gang loitering ordinance as an example. Mr. Leone stated that there are benefits of having these ordinances on the books. Often their presence helps in compliance which may not result in a citation. He noted for example that the gang loitering ordinance calls for a dispersal order to be given. This may be an example of it working once the police orders are given. Mayor Luecke noted that perhaps discussions on the expectations of enforcement also needs to be addressed. He stated that the ordinances are tools and Code Enforcement and Police Officers have discretion. Like a construction worker who has many tools available, he/she does not use all the tools atone time. Council Member Dieter stated that enforcement of ordinances against loud stereos/noise need to be enforced. He voiced concern that the "word on the street" often hampers Health and Public Safety Committee February 20, 2008 Page 3 Mr. Leone stated that he would look into this matter. With regard to lawn parking enforcement, Council Member Dieter stated that he has written at least ten (10) citations, however that is no policy in place with regard to what documentation is needed. The Council Attorney suggested that coordination between Code Enforcement and the Police Department on lawn parking enforcement should take place to assure that their policies are consistent with one another. Council Member White noted that enforcement expectations, consistency in enforcement, ongoing training of Code and the police are all matters which need to be addressed. Council Member Dieter suggested that perhaps there should be a deadline for when a person can file an appeal, like ten (10) to fourteen (14) days from the date of the issuance of the citation. He voiced concern about people filing an appeal months later. Council Member White suggested that a series of community meetings regarding public safety be scheduled throughout the year. She noted that this would provide greater transparency for Code Enforcement, the Police Department and this Committee. Council Member Puzzello inquired about the issues raised by Mr. Range, noting that she has met with him at length. Council Member White noted that she and the Council Attorney have met with Mr. Range. She suggested that once the Animal Control Commission is up and running again, that those concerns could be referred to the Commission for review and recommendation. It was noted that there are lawsuits pending against the city involving Mr. Range which Assistant City Attorney John Broden is handling. Council Member White suggested that the Committee invite Code Enforcement to a meeting in March to update and demonstrate the new computers which the Code officers are using. Mayor Luecke noted that there are some problems with regard to downloading files which require them to come into the office. Council Member White noted that another update from Project Roots who deal with sex offenders, may be in order. She noted that several attempts were made last year, but with the grant being renewed she will try again. Council Member White noted that the Council has police and fire negotiations this year and would like to look at calendars for these negotiations. Health and Public Safety Committee February 20, 2008 Page 4 Mayor Luecke noted that the city should know by March 15th with regard to new laws enacted by the Indiana General Assembly. The issue of "Privilege of the Floor" was briefly discussed. It was noted that persons should be limited to three (3) minutes with the time for this section of the meeting being limited to 30 minutes total. It was noted that it was not to be a time for debate. Council Member White stated that when she was President she would assign an issue raised to the Council Member who chaired a committee which may have jurisdiction over the issue. Council Member Puzzello noted that this section of the meetings became very contentious when the Cove and the Hall of Fame were being proposed. The Council Attorney inquired whether the Administration or TACT was tracking Senate Bill No. 81 dealing with accident response fees. She noted that a similar bill was enacted by the Indiana General Assembly last year and was vetoed by the Governor. Mayor Luecke stated that he has not followed this bill. Council Member Puzzello raised the issue of fees, noting that the City of Mishawaka often doubles fees for persons who are not residents of Mishawaka. Mayor Luecke noted that there is a bill downstate which would restrict communications to one, which he opposes. He noted that there is a need for redundancy with regard to public safety. He would send more information to the Committee as it becomes available. Council Member White inquired about the hotel/motel proposed licensing ordinance which has been continued indefinitely at the request of the Administration. She noted concerns with operations like the Wooden Indian. Mr. Leone stated that he has been talking with hotel officials and their concern is that such regulations may become county-wide. He stated that his department is looking into an annual certification process but at this point they are open to suggestions. The first step would be information sharing. The Council Attorney noted that she shared with Council Member White last year a program which some of the California cities are utilizing. It basically is a flow chart which provides structure for an ordinance from its passage, through the implementation process of training enforcement officers to enforcement and collection. Council Member Dieter noted that Chief Boykins will be at a meeting of the NNN on Saturday at 10 am. Council Member White noted that Civic Day is also this Saturday and she will be with the 21St Century Scholars. Health and Public Safety Committee February 20, 2008 Page 5 Council Member White noted that the following topics were proposed: • Developing a plan of action to review quality of life ordinance with an initial focus on the scrap/metal ordinance, the lawn parking ordinance, and the noise ordinance • Internal follow-up with the police department on the concerns raised by TAP before setting another committee meeting • Scheduling a series of community meetings on public safety involving the police department and code enforcement • Scheduling a meeting to receive an update on Code Enforcements new computers • Scheduling a meeting to receive an update on Project Roots • Scheduling for the upcoming police and fire negotiations Council Member White stated that she will meet with the Council Attorney after the meeting minutes are available. She thanked everyone for their comments and then adjourned the meeting at 8:35 am Respectfully submitted, < ~_ a ti-~-- `~ -~~~ Council Member Karen L. White, Chairperson Health and Public Safety Committee