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HomeMy WebLinkAbout04-02-03 Health & Public Safety (outinittu geport bizalth an Vublit of tt Qonunitfr The April 2, 2003 meeting of the Health and Public Safety Committee was called to order by its Chairperson, Council Member Roland Kelly at 3:03 p.m, in the Council Informal Meeting Room. Persons in attendance included Council Members Kelly, Aranowski, and Kuspa;Citizen Member Isabel Gonzalez, Police Chief Thomas Fautz, Division Chief Jim Hassig, Captain Wanda Shock, Deputy Prosecutor Frank Schaffer, Deputy Prosecutor Ken Cotter, Cindy and Chuck Hammonn, Ray Kasperski, Stephen Mitchell, Ken Allen, Terry Bland of the 'Otte Virati ITV tb1 and Kathleen Cekanski-Farrand, Council Attorney. Council Member Kelly welcomed everyone to the Committee meeting. He noted that the meeting was called to begin discussions on Bill No. 23-03 which is being proposed by Council Member Aranowski to address various public safety concerns in and around downtown large eating/drinking establishments. Council Member Aranwoski noted that earlier this year he had discussions with County Prosecutor Dvorak with regard to the growing number of calls of service. In light of the number of dispatches being made he asked if the Council would work on an appropriate ordinance. He noted that when squad cars are dispatched to the downtown that other areas of the city are left unprotected. Council Member Aranowski noted that prior to serving on the Council he served five (5) years on the Alcohol Beverage Commission, and was President of the local ABC for three (3) of those years. He noted that none of the public safety regulations being proposed would affect licensing, which is under the jurisdiction of the ABC. Council Member Aranowski stated that he would begin by reviewing the two-page handout entitled "Highlights of Substitute Bill No. 23-03" (copy attached). This would be followed by Kathy Cekanski Farrand, the Council Attorney, reviewing the governing law and policies in this area. Chief Fautz, Division Chief Jim Hassig, Captain Wanda Shock, Deputy Prosecutor Frank Schaffer, Deputy Prosecutor Ken Cotter and City Attorney Charles Leone would then provide comments from their perspectives. Council Member Aranowski then reviewed the salient points under each of the new sections being proposed which address: Sec. 14-20 Intent and Purpose Sec. 14-21 Establishments Governed by Public Safety Regulations Sec. 14-22 Verification of Server Intervention Programs Required to be Filed with the Board of Public Safety Sec. 14-23 Verification of Responsible Management Practices and Programs Required to be Filed with the Board of Public Safety Sec. 14-24 Number of Required Trained Security Personnel and Verification of Trained Security Personnel Required to be Filed with the Board of Public Safety Sec. 14-25 Role of the Board of Public Safety and the Chief of Police Sec. 14-26 Required Public Safety Announcements Sec. 14-27 Penalties He noted that Council Member Kirsits, who is also a Battalion Chief on the South Bend Fire Department, suggested the concept which is addressed in Sec. 1426 with regard to the public safety announcements. He noted that proposed language in the second handout addresses his suggestion. (Copy attached). Health and Public Safety Committee April 2, 2003 Page 2 At the request of a member of the public, everyone in the room then introduced themselves and the entity they represented. Kathy Cekanski Farrand, Council Attorney, noted that when Council Member Aranowski first contacted her to begin research on a proposed ordinance that he suggested that it focus on a requirement for trained security. Based on her research, it became apparent that a 4-pronged approach would be more effective,if the proposed safety regulations focused on: 1. Requiring a server training program on a regular and routine basis 2. Requiring a security personnel training program on a regular and routine basis,as well as establishing minimum numbers of such personnel and when they should be present 3. Requiring responsible management practices through written house policies 4. Establishing partnerships and open communications so that community-based initiatives and on-going communications between governmental officials,owners/managers and the surrounding neighborhood would be established and maintained The Council Attorney noted that her March 17th legal memorandum which was filed with the proposed ordinance summarized the legal authority to regulate in this area. She noted that under the provisions in Title 36 of the Indiana Code and under the "Home Rule" law in Title 36 of the Indiana Code, the Council has "police powers" to establish reasonable regulations which protect the public health, safety and welfare of its citizens. She also noted that there must be a rational basis for the proposed ordinance. The summary of calls for service which will be addressed by Police Chief Fautz , Division Chief Hassig, and Captain Shock will provide the necessary factual foundation. She noted that server training and education programs in Illinois under the BASSET program have been effective. She quoted from the study by the City of Madison, Wisconsin Police Department whose report concluded that: "...there is very strong supporting data by both location and time of day regarding the impact of alcohol abuse on police resources,victims and the community at large. ...these types of calls usually require a significant number of officers for a first response". She added that the City of New York also stresses that there is an "enormous responsibility of protecting the patrons,as well as the quality of life of neighborhood residents". The Council Attorney stated that the proposed ordinance is the first ordinance to address all four (4) public safety criteria at one time. She noted that eleven (11) states have passed state laws which require server training programs. There are several states which have enacted state laws requiring security personnel training, after tragic events took place in Ohio and Iowa. She noted that her March 24th legal memorandum (copy attached) summarizes responsible server management programs required in Florida and Louisiana and the possible results of the "responsible beverage server training programs" in Canada and in particular those in Ontario and Vancouver She noted that extensive studies have been conducted in the US, Canada, the British Kingdom, and Australia which have concluded that community-based initiatives which are designed to reduce violence in and around licensed establishments which serve alcohol have been successful. She noted that the draft ordinance is a fluid document which is the first step to generating open discussions in the effort to reaching a reasonable solution. Health and Public Safety Committee April 2, 2003 Page 3 The Council Attorney stated that her April 2nd legal memorandum (copy attached) summarizes her discussions with the Indiana State Excise Police Officer who is teaching two(2) "Server Training" courses today in South Bend, noting that these courses are free. She noted that this officer will be in South Bend on May 14th and will be teaching two(2) courses that day. Excise Officer Bewley teaches these courses each month in South Bend at no cost to the attendee. She has offered to work with the city in tailoring courses for training security personnel, which also would be at not cost to the attendee. She noted that based on her research, the Council is on sound legal footing to pass reasonable public safety regulations in this area. She stated that she would be providing copies of additional information in the City Clerk's Office, and noted that she would be happy to provide this information to any or all of the establishment representatives in attendance. She then provided a one-page check list of safety programs in effect in three (3) cities in Australia (copy attached) and noted that she would be providing copies from studies and programs from Los Angeles to Canada,Australia,Monterey, California, Illinois, etc. (Copies attached). Police Chief Thomas Fautz then reviewed the "Calls for Service" report which he provided to Council Member Aranowski (copy attached). He noted that it does not contain all of the calls because when a police officer logs onto his or her computer in his or her squad car, that officer is then out of service. The report sets forth the minimum numbers. He then noted that from January 1, 2002 to March 31, 2003 the majority calls were in the late evening hours and early morning hours. The number of police officers responding ranges from 1 officer to 30 officers,with at least 16 times where 10 or more officers responded. There are a total of 370 calls for service involving 849 officers for this time period in the 200 block of South Michigan and the 100 block of Wayne. Chief Fautz noted that such calls have a direct impact on the police budget and puts an added demand on police resources. The injuries which result from such calls results in a loss of production, as well as complaints and lawsuits. He also noted that there is a direct impact on the morale of the police department. Some police officers refer to such calls as "babysitting". They want people to behave themselves. Chief Fautz stated that there are a lot of good things in the proposed ordinance and it would give additional tools to the city. He stated that everyone is interested in having a good night in the downtown for people who do not want to worry about safety. Chief Fautz then introduced Division Chief Jim Hassig, who served as the Regional Commander for the Midnight Shift. Division Chief Hassig noted that service calls to the downtown establishments are taxing on the department, especially for the midnight officers. He stated that he does not have the manpower to deal with all of the problems on the sidewalks when patrons become defiant. He noted that this pulls from the manpower who should be patrolling in other parts of the city. He stressed the need for better behavior of the clientele which patron the downtown establishments so that his officers could be freed up to do other things throughout the city. Captain Wanda Shock stated that she supports the proposed ordinance. She noted that training at any time when it is offered is good. Captain Shock stressed that the lack of training is a formula for disaster. She noted that she used to have meetings with the owners/operators of the various downtown establishments to talk over problems so that they could take steps to protect the public from aggressive behavior. She would be glad to support the program so that training which addresses signage, overcrowding, excessive drinking, etc. Can be discussed. Captain Shock noted that recent lawsuits for injuries should also be a concern to everyone. She stated that she will help in any way she can. Health and Public Safety Committee April 2, 2003 Page 4 Deputy Prosecutor Frank Schaffer noted that "an ounce of prevention results in a pound of cure" if reasonable regulations are followed. He noted that based on his observations, police officers need to be deployed in other areas of the city, especially during the midnight hours. He noted that the proposed regulations should benefit the owners. Deputy Prosecutor Ken Cotter noted that he has ridden with South Bend police officers. He noted that there is a growing concern of dealing with large groups of people at the same time. The concerns are beyond what he has seen in times past, and that the mob mentality must be addressed. More and better trained security is one way of addressing these safety concerns, since there are real dangers. He concluded his remarks by stating he supports the proposed ordinance. City Attorney Charles Leone stated that he was speaking on behalf of the City Administration and the City Attorney's Office in support of the proposed ordinance. Ne noted that the basic training provisions of servers and security personnel would provide tools for addressing potential dangerous situations. He noted that there are growing concerns when the downtown establishments are drawing on so many police resources at the same time. He noted that this is a common problem which working with the owners and the police can be addressed. He noted that there is a need for good strategies and with the communications required by the ordinance new strategies could be advanced. He noted that he would like to offer some proposals to "tweak" the proposed ordinance with regard to definitions and would suggest including assessments with regard to the required reporting. Council Member Kelly noted that he was aware that there were some problems in the downtown area, but was not aware of the enormity of them. He then opened the floor to comments from the public. Mr. Chuck Hamonn of The Library then introduced his wife and noted that they are the new owners of this establishment which is located at 113 E. Wayne Street, not west Wayne Street as noted by the Police Chief. He stated that he believes it is unfair to "lump all four bars into one category", noting that his establishment does not have the problems that the others have. He questioned the 28 service calls which the Police Chief contends were dispatched to his establishment, and requested to see the evidence. He noted that his patrons leave at 1 am or 2 am, with the only problem being that the doors are block to the garage. He has 1-3 officers inside,plus undercover personnel inside and stated that they "run a good ship". Their total occupancy is 203. He noted that the students come in cabs and leave in cabs, he stated that he believes the regulations are totally unfair. He noted that he is a retired police officer and is aware of the problems. Council Member Kelly noted that this is a discussion period and that he wants to be fair to everyone so that the entire city can be protected. Mr. Ray Kasperski, the Manager of Heartland works for Ala Carte and has the Chicago Steak House at 222 S. Michigan. He inquired whether Council Member Aranowski has been downtown in the late evening hours. He invited Council Member Aranowski to come down Saturday night so that he could give him a tour and see the types of security his establishment has in place. He noted that they have between 9-13 security personnel include management personnel. They hire off-duty South Bend police officers to work the front door. He noted that the college kids come in cabs. They have written management policies, affidavits, etc. in place. He then showed dozens of fake IDs which his security personnel have confiscated from individuals trying to get into Heartland. He noted that he has 30 years of experience in various nightclubs. He is against anything that has Health and Public Safety Committee April 2, 2003 Page 5 an added cost, since the chances of making money are getting "slimmer and slimmer". He noted that Heartland has been opened for ten(10) years and that they are "close to pulling the plug". He noted that things slow down in the summer. He stated that the PSA's proposed would add stress and that he does not believe that the patrons should be scared. He suggested that the Council get a bird'seye view of the operations and not work off of hearsay. He contended that the call for service numbers do not mean although since the majority of those calls were outside of the establishments. He stated that he would be in favor of a program like the CAPS program in Chicago. Chief Fautz noted that some of the calls for service were unrelated to problems, and that calls are always encouraged. Captain Shock noted that gaining knowledge through training is important for managers and owners also. He noted that the police department has reviewed some of the training at the establishments and some of it is good. Captain Shock noted however that establishments should never confiscate ID's, and that training sessions, like those being suggested would address those issues. She encourage training for management and security personnel to enhance the efforts for the betterment of all. Council Member Kelly noted that the city is not interested in requiring additional costs for businesses, especially in light of the number of calls for services which the Police Chief outlined. He suggested that we all work together, discuss and provide help to each other so that the result is a win/win. Mr. Ken Allen of the State Theater located at 214 S. Michigan Street noted that much of his personnel is part-time and migrant. He stated that Wednesdays and Saturdays are their best business days. Mr. Allen questioned the number of service calls to his establishment by the Police Chief. He stated that they have one(1)full-time person at the door,and up to sixteen(16) security guards. Saturday nights often have up to 1,200 patrons, with a 1,600 maximum occupancy limit. Mr. Allen inquired whether these same regulations would be in effect at the Morns Civic Auditorium, the Cove, and other publicly owned venues. He noted that in the past they had meetings and talked about security. Two (2) years ago an extra fee of$ 2 was charged per person which was to be earmarked for security costs. He stated that they charge a cover charge of$10 on Saturday night and have well-behaved people. They have two (2) metal detectors and wand down everyone. They also require all purses to be emptied. Mr. Allen stated that he believes that too often the news media "blows up events and too often focus on the State Theater sign in their stories". He stated that that is not good for the downtown. Mr. Allen stated that he has no problem with the proposed PSAs so long as that they would not have to be made during an ongoing concert. He stated that the City needs to find a way to pay for more police. Mr. Stephen Mitchell of Benchwarmers located at 236 S. Michigan Street noted that he has been in the downtown area for 30 years, since 1973. He said that there are several problems and has seen good and bad things happening downtown. In order to stay in business you must have a safe environment. He noted that he often has eight(8) people inside. They do not call the police, and put all of their problems outside of their establishment. They have a list which bans 45 people from entering. The interior of each of the downtown establishments he contended are "probably the safest in town". They pay their security $150 a night. Mr. Mitchell stated that the problem is between 2-4 am when upwards of 2,500 are leaving. He stated that two(2) years ago they had an arrangement where the Century Center parking lot was used. He contended that"now the city is in Health and Public Safety Committee April 2, 2003 Page 6 private practice and is working against them". Mr. Mitchell stated that the City needs to have more than one(1) regular police officer downtown, noting that the City would rather pay all the costs to provide police protection for Notre Dame football weekends at taxpayer's expense. He understands that the City is now starting to pay overtime to have additional police downtown, noting again that the problem is when the closing hours. Mr. Mitchell commended the Fire Department for their regular safety inspections. He suggested that the ABC should have training classes and if they were for free, he would have no problem, He noted that when the street was blocked off that they had fewer problems. Mr. Mitchell concluded his remarks by stating that "the city is dropping the ball not the club owners". Captain Shock noted that the city is not interested in having concerts and plays interrupted by PSA's. She noted that approximately 3 1/2 years ago the Holliday Corporation voiced concern about the growing problems of public urination, vagrancy, litter and related problems. The extra charge per head was to be paid to the Holliday Corporation. The Century Center offered their parking lot by loaning it out, however when their hotel/motel funds were cut they needed the parking lot revenues. Captain Shock noted that the downtown patrols were stopped, however they have petitioned the Downtown Corridor for monies to fund downtown patrols. Division Chief Hassig noted that the money is almost entirely diminished which pays for overtime patrols in the downtown. He noted that when the establishments kick people out onto the sidewalks that this problem has to be addressed, perhaps in the monthly meetings. He encouraged managers/owners to call the police. He noted that everyone has different perspectives of the problem and that is why communication must be ongoing as proposed. Mr. Mitchell suggested that everyone has their own agenda The bar owners are willing to participate but he questioned the need for government regulations, noting that the city "generally drops the ball". Captain Shock noted that at the end of August she attended her last meeting with the business owners and suggested that they keep meeting among themselves. She noted that training is necessary in addition to the monthly meetings. Mr. Allen questioned where his taxes were going, since he has to pay for trash removal and has to pay for the outside sprinkler every time it is used. He stated that he pays all of his taxes and has never asked for a tax abatement. He added that he closes 30 minutes prior to the other establishments. Council Member Aranowski noted that only a portion of the property taxes comes back to the city. Chief Fautz stated that police officers are being hired for overtime on an add needed basis. He added that the current prosecutor appears to be more open to discussion of such problems in the downtown, as evidence of having two(2) Deputy Prosecutors being present today. Captain Shock noted that the police department could assist in the training of security, noting that there are differences between what a uniformed city police officer can do, and what a private security office may do. She stressed that training should include all management personnel. Mrs. Hamonn of The Library thanked the Council for inviting the business owners to this meeting and for sending copies of the proposed legislation to them prior to it for their review. She noted that since they have only been in business for two(2) years,that they welcome the opportunity to Health and Public Safety Committee April 2, 2003 Page 7 work more closely with the police and the excise officers. She stated that they need to have discussions and training. She agreed that the problems are at closing. She would like to know more about the rights and responsibilities and believes that all would benefit. Council Member Kelly thanked everyone for coming to this Committee meeting. He noted that having give and take is good so that everyone can work together and address the issues. Chief Fautz noted that not every dispatch should be considered a "bad dispatch". He noted however that there are problems and that they must be addressed. Captain Shock suggested that the monthly meeting be started up again, and suggested that Heartland host a meeting of the owners/managers on Tuesday,May 6th at 1 p.m. Council Member Aranowski thanked everyone for their comments. There being no further business to come before the Committee, Council Member Kelly adjourned the meeting at 4:27 p.m. Respectfully submitted, Council Member Roland Kelly, Chairperson Health and Public Safety Committee KC F:kmf Attachments