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HomeMy WebLinkAbout07-09-12 Health & Public SafetyHealth and Public Safety Committee 2012 South Bend Common Council The July 9, 2012 meeting of the Health and Public Safety Committee of the South Bend Common Council was called to order by its Chairperson Dr. Fred Ferlic at 3:45 p.m. in the Council's Informal Meeting Room. Persons in attendance included Council Members: Tim Scott, Henry Davis, Jr., Dr. Fred Ferlic, Dr. David A. Varner, Oliver J. Davis, Derek D. Dieter, Gavin Ferlic, and Karen L. White; Gary Gilot, P.E., Don Inks, Interim City Attorney Aladean DeRose, City Controller Mark Neal, Chief of Staff Mike Schmuhl, Murray Miller, Bernice Freeman, Vera Peel, Sheri Miller Story, Mr. Shabazz, members of the news media and Kathleen Cekanski - Farrand, Council Attorney. Dr. Ferlic noted that the members of the Health and Public Safety present include Council Member Karen L. White, Vice - Chairperson; Council Member Henry Davis, Jr., Council Member Tim Scott, Citizen Member Kyle Chamberlin, and himself as Chairperson. Bill No. 21 -12 Smoking Regulations Substitute Bill No. 24 -12 Clean Air Standards for Workplaces and Public Places Based on the requests of the Petitioners on file in the Office of the City Clerk, Council Member White made a motion, seconded by Council Member Scott that Bill No. 21 -12 and Substitute Bill No. 24 -12 be continued in Committee and re -set for public hearing on July 23, 2012. The motion passed. Substitute Bill No. 28 -12: Disorderly House Amendments: Dr. Ferlic called for a presentation on Substitute Bill No. 28 -12 which would amend the South Bend Municipal Code provisions addressing Disorderly House regulations. 1St District Council Member Tim Scott, the sponsor of the Bill made the formal presentation. Council Member Scott stated that the regulations would add several items to the local regulations which constitute a disorderly house which are currently not addressed by local ordinance:: • Prostitution • Patronizing a prostitute • Promoting prostitution • Criminal gang activity • Dealing in cocaine or narcotic drugs, methamphetamines, marijuana, synthetic drugs In response to a question by Council Member White, Council Member Scott stated that he has worked with the Legal Department and the Department of Code Enforcement and that they are both July 9, 2012 Health and Public Safety Committee Page 2 on board with implementation and enforcement of the proposed amendments. He stated that this ordinance would provide additional tools for the City Administration. Aladean De Rose, Interim City Attorney stated that she has been in contact with Ms. Nash and confirmed that she has agreed that the proposed drug regulations are compatible with the drug house regulations. Council President Dieter requested statistical information from the Legal Department on the number of cases they have had in the last calendar year and this year to date on the drug house ordinance, as well as all of the items regulated by the disorderly house regulations. He believes that better communications and updates are needed to be given to the Council so that they would be regularly update. Ms. DeRose stated that that information would be shared. Catherine Toppel, Director of Code Enforcement noted in response to Council President Dieter that training would also be addressed. She noted that about 90% of the cases are resolved after a letter is sent to the homeowner with the remaining 10% going to Code and some to Court. Council President Dieter noted that the officers who work on HUD control have not gotten any direction. It was noted that the Mayor's Task Force is no longer operating. Council Member Scott noted that he is aware of six (6) homes near him which the police department has not been updated on as far as their activities. Council Member Henry Davis, Jr. stated that he "fully believes" that the activities should be added to the ordinance and that the City should have "zero tolerance ". He added that Lincolnway is an area with many of these activities. Citizen Member Kyle Chamberlin inquired about the ninety (90) day reference. Council Member Scott stated that a review would take place of whether any further changes should be made and how effective these regulations have been. Dr. Varner stated that many of the calls go back to an address and suggested that without violating privacy that data based on address should be cross - referenced among departments. In light of the many technology upgrades such a system could be done. Mr. Shabazz of Mishawaka voiced concern over Weed and Seed monies and whether they were effectively spent, as well as concern over poor people not getting a chance. Following discussion, Council Member White made a motion, seconded by Citizen Member Chamberlin that Substitute Bill No. 28 -12 be recommended favorably to Council. The motion passed. July 9, 2012 Health and Public Safety Committee Page 3 Miscellaneous Business: Council Member Oliver Davis stated that the former nursing home located across of McDonalds on Western Avenue is now housing migrant workers. He encourage the Council to drive by the location. He noted that there are many persons being housed at this location and has seen clothes drying on the bushes. Catherine Toppel stated that there may be as many as six (6) locations locally where upwards of 15- 20 people are being housed. Council Member Henry Davis, Jr. stated that if health and safety concerns are involved that there should be "zero tolerance, especially if there is a blatant disregard of regulations" The City need to manage the issues better. He voiced concern if bus loads of people are being dropped off. Catherine Toppel stated that she is unaware of any criminal acts. The civil process involves a 24- hour letter being sent giving notice. A hearing within ten (10) days of the certified notice is then set. All utilities are checked. If at the hearing it is found that there are too many occupants a "vacate and seal" order is issued. Once a "vacate and seal" order is issued a "No Trespassing" sign can then be posted. She noted that they act immediately under the Unsafe Building Law. She added that ICE is not interested. Dr. Varner suggested better coordination with the St. Joseph County Health Department. He added that when health and safety are involved that there may be a shorter time frame. Interim City Attorney DeRose noted that the City must be very careful in this area in light of recent litigation. Council Member White requested that the Council be sent the locations of the six (6) properties. Council Member Henry Davis, Jr. requested the City Administration to be "very creative when addressing City problems ". He stated that the Council gets flooded with calls asking the Council whether there is any thing that the City can do. After discussion between Council Member Oliver Davis and Dr. Ferlic it was recommended that a joint meeting of the Zoning and Annexation Committee and the Health and Public Safety Committee on this issue involving the Western Avenue property health, safety and possible zoning concerns.Council Member Oliver Davis again encourage everyone to got out to the Western Avenue location. There being no further business to come before the Health and Public Safety Committee, Dr. Fred Ferlic adjourned the meeting at 4:25 p.m. Respectfully submitted, Dr, Fred Ferlic, Chairperson Health and Public Safety Committee Attachments