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HomeMy WebLinkAbout06-24-02 Joint Committee Meeting Health & Public Safety and Residential Neighborhoods tommitttg port: oiut ItommittWW Mating of the an f5aEttt c ommttte nit tit ezibcutiai ittigi)borboolliz + ommitt e The June 24, 2002 joint Committee meeting of the Health and Public Safety and the Residential Neighborhoods Committee and the Residential Neighborhoods Committee was called to order by the Chairperson of the Health and Public Safety Committee, Council Member Andrew Ujdak at 3:05 pm in the Council Informal Meeting Room. Persons in attendance included Council Members: Kelly, Varner, King, Aranowski, Coleman, Pfeifer,Ujdak, Kirsits and White; Citizen Member Khadijah Muhammad, John Oxian, City Attorney Charles Leone, Terry Bland of the §Otttfi fJ3 Ub ZribtttU, and Kathleen Cekanski- Farrand, Council Attorney. Council Member Ujdak called for a presentation on Substitute Bill No. 42-02 which would amend Chapter 13 by the inclusion of new Article 1 entitled "Gang Loitering Regulations" and would delete§ 13-55 and§ 13-56 of the South Bend Municipal Code. Council Member Pfeifer began the presentation on the proposed Bill by noting that both she and Council Member King, the sponsors of the proposed regulations, began receiving comments from concerned residents about activities going on in their neighborhoods which were of growing concern. As a result, in 1998 joint meetings of the Health and Public Safety Committee which she then chaired and the Residential Neighborhoods Committee which Council Member King then chaired began to take place. Three (3) quality of life proposed ordinances resulted, with Bill No. 42-02 being the last of the three being proposed for Council consideration. Three (3) loitering conferences were held which were jointly sponsored by the City of South Bend and IUSB-SPEA, where information was shared and discussed in these open public forums. Representatives from the cities of Seattle Police Department, the Chicago Police Department, Benton Harbor, New Buffalo, the City of Chicago General Counsel's Office, the Michigan and Indiana State Police Departments, the Notre Dame Law School, ACLU; and the Goshen City Court Judge and the Mishawaka City Engineer provided valuable information. Residents, neighborhood groups, elected officials and law enforcement personnel from lower Michigan and throughout northern Indiana were in attendance and had the opportunity to share their concerns in this area. The first two (2) ordinances passed by the South Bend Common Council addressed anti-ticket scalping and the related secondary effects on the neighborhoods where it takes place, with the second ordinance dealing with panhandling and the secondary effects associated with such conduct. Council Member Pfeifer noted that since January of this year, she and the Council Attorney have attended at Ieast nine (9) neighborhood association meetings where the proposed gang loitering ordinance was discussed openly. At many of those meetings, members of the South Bend Police Department were present along with members of the neighborhoods. Council Member Pfeifer further noted that a series of internal meetings were held at IUSB with Council Member King, Police Chief Larry Bennett, other members of the South Bend Police Department, representatives of the University of Notre Dame General Counsel's Office, the Council Attorney and herself on all three (3) of the "quality of life" ordinances. At all of these meetings concerns were raised and discussed including the issue of profiling. Council Member Pfeifer noted that it is her understanding the NNN has decided not to include their area of the city as a potential"hot spot"for enforcement of the gang ordinance, if this ordinance is passed. Council Member Pfeifer thanked all of the neighbors in South Bend who have called members of the Council, who took time to attend the many meetings and workshops held on these topics and who talked with their elected officials or police officers in person. She also thanked Council Member King for his leadership Joint Meeting of the Health &Public Safety Committee and the Residential Neighborhoods Committee June 24, 2002 Page 2 and support as well as the Council Attorney,and the South Bend Tribune for not only attending all of the meetings and conferences, but also for making the public aware of such meetings and conferences. As a result of these ongoing opportunities for discussion, the public and the City has been informed,educated and included in the overall process. Council Member King stated that the first time he was contacted that it was not from a little old lady, but from a home builder. The home builder showed an area on a map where he wanted to build fourteen (14) homes. The builder stated "I cannot build there because of bunch of kids own that corner". Complaints and related problems from others were then forthcoming. Council Member King stated that the "broken windows"doctrine that if something is creating disorder and if nothing is done about it, it will continue to grow, applies to the problems and concerns which have been shared with both Council Member Pfeifer and himself. Council Member King stressed that the City must pay attention to the things that disturb and which create ill feelings and concern on a day in and day out basis. He noted that Council Member Pfeifer and the Council Attorney have worked to provide many opportunities for not only public officials, but especially the public to be involved with the process to make sure that good and workable regulations which are enforceable could be discussed openly. The Council Attorney noted that neighborhood prosecutors also have been involved in the process by attending the loitering conferences as well as many of the neighborhood partnership center meetings. She then highlighted portions of a Memorandum dated June 24, 2002 (copy attached). She noted for the record that on page 1 of the Memorandum that the dates"February 15, 1999 and February 24, 1999" should be added with the notation "Joint Meeting of the Health & Public Safety Committee and the Residential Neighborhoods Committee addressing loitering, etc " with copies of those minutes. The overall public process has taken place since 1998 with good working relationships between the cities of Seattle and Chicago being established. The proposed ordinance includes the best of regulations from Seattle, Chicago, New York and Philadelphia. The South Bend ordinance would focus on five (5) major items: 1. Establishing control over identifiable enforcement areas or so called drug and gang"hot spots" can be taken back by the neighborhoods and once again enjoyed; 2. Deterring and preventing intimidation of law abiding citizens; 3. Focusing on harmful purposes and/or effects of gang loitering and narcotics-related loitering as defined in the ordinances;4. Addressing the concealment of illegal activities which are often drug related and result in secondary negative effects such as vandalism, violence and intimidation; and 5. Focuses on law enforcement giving notice as to what conduct is illegal. The Council Attorney noted that the proposed ordinance follows the guidelines provided by the US Supreme Court in the Morales decision very closely, as well as the provisions of the Cook County decision in Perez decision. She further noted that she has had ongoing contact with Mr. Larry Rosenthal, the Chicago General Counsel who argued the Morales decision and who was one of the speakers at the 2nd loitering conference. As a result of those discussions, the City of Chicago has shared valuable information with the City of South Bend which has been provided to the Council and Chief Bennett over the past several weeks(copies attached). She also added to the record copies of the handouts provided at the April 23, 1999 and August 6, 1999 loitering conferences. The Council Attorney noted that she just received the letter from the City Attorney (copy attached) and agrees with the friendly amendment proposed for § 13-3(c) and § 13-4(c) where the words "subject to arrest" would be changed to "subject to penalties". She further noted that she would work with the Legal Department on the issues of who should ultimately designated the"hot spots", and would discuss their concerns on the proposed community service aspect of the proposed ordinance.The Council Attorney then showed approximately ten(10) minutes of a City of Chicago Police Training video(copy included with Joint Committee minutes) on the role of police as a Joint Meeting of the Health&Public Safety Committee and the Residential Neighborhoods Committee June 24, 2002 Page 3 "service provider", street stops, investigatory stops, reasonable suspicion and the various constitutional concerns related to enforcement. Council Member Pfeifer noted that she was providing for the record copies of the materials used from the 3rd loitering conference. She also noted that Notre Dame Law School Professor Charles Rice noted at one of the loitering conferences that"loitering is not a constitutional right". She again stressed the fact that all of the three (3) quality of life ordinances proposed for Council consideration originated from neighbors and residents. The proposed regulations are respectful of all of the parties involved and would require ongoing involvement of residents, neighborhood groups, businesses and law enforcement. City Attorney Charles Leone apologized for the lateness in providing his 2-page letter to the Council regarding the proposed ordinance (copy attached). Mr. Leone noted that the proposed changes to §§13-3(c and 13-4(c) are minor changes. The other changes are being proposed so that the regulations are enforceable as possible. He then highlighted his concern with regard to whether the Police Chief or the Council should ultimately determine the enforcement areas. Mr. Leone also voiced concern with regard to the proposed community service aspect of the ordinance. He stated that he would work with the Council Attorney on these items. Mr. Leone also noted for the record that the NNN did not have a vote on the proposed ordinance, but rather agreed to take a"wait and see approach". Mr. John Oxian stated that the Lincolnway Steering Committee were"all for it"when the ordinance was discussed. They would like it applied to Lincolnway, however noted that there are multiple neighborhood groups which represent Lincolnway and he hoped that it would apply for enforcement purposes. There were no members of the public to speak against the proposed ordinance. Council Member Ujdak questioned what type of an appeal process is involved if someone is cited. Both the City Attorney and the Council Attorney noted that any individual issued a citation would have the right to go before a Judge, and in most instances it would be before the Small Claims Division of the Superior Court. Council Member White noted that enforcement and training are two (2) key elements if the ordinance is going to be successful. She stated that she would feel more comfortable if the Chief of Police was present to voice his opinion on the proposed regulations. Council Member King stated that there have been a series of meetings in which Chief Bennett and members of his staff were in attendance in the preparation of the three (3) quality of life ordinances. Council Member King noted that the police department representatives were favorable at the time of such meetings and in fact encouraged Council Member Pfeifer and himself to move forward with the legislation. Council Member King did not that it has been some time since a meeting was held, and he would be in favor of getting the Police Chief's input. Council Member King concluded his remarks by noting that the proposed legislation would not have gotten as far as it is now without the positive response of the South Bend Police Department. He gave an example that incidents of a couple of weeks ago may have been helped if such legislation was on the books. Council Member Pfeifer also noted that the representatives from the police department who Meeting of the Health&Public Safety Committee and the Residential Neighborhoods Committee June 24, 2002 Page 4 attended the neighborhood partnership meetings spoke in favor of the proposed regulations. She also noted that Chief Bennett has been sent additional information which the Council Attorney received from the Chicago Police Department and that she is awaiting a response from the Chief on those items. Council Member Coleman noted that the Council has a good track record of keeping "public hearings open"and that he also would like to"take the Police Chief's temperature"on the proposed regulations. He believes that they may provide additional tools for the police department, but he would like to hear the Chief's recommendations. He noted that he would defer to the authors of the proposed ordinance if additional time was necessary for the Chief to formally weigh in on this measure. Council Member Coleman suggested having the public hearing tonight but to continue the public hearing until July 22nd to allow the attorneys to update the Council and to allow Chief Bennett to respond. Following discussion, Council Member Coleman made a motion, seconded by Council Member King that Substitute Bill No. 42-02 be sent to the Council without recommendation in light of the fact that additional persons need to weigh in on the regulations and that the public hearing would be kept open. The motion passed. There being no further business to come before the joint Committee meeting, Council Member Ujdak adjourned the joint meeting at 4:03 p.m. Respectfully submitted, Council Member Andrew Ujdak, Chairperson Health and Public Safety Committee Council Member Charlotte Pfeifer, Chairperson Residential Neighborhoods Committee KCF:kmf Attachments