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HomeMy WebLinkAbout09-07-04 Health & Public Safety - Health and Public Safety Committee Committee Report The September. 7,2004 meeting of the Health and Public Safety Committee was called to order by its Chairperson, Council Member Ann Puzzello at 4:30 p.m. Persons in attendance included Council Members White, Kelly, Puzzello,Kelly, Varner, and Kirsits; City Clerk City Clerk John Voorde, Bill Kirk, Head of Residential Life at the University of Notre Dame; Jackie Rucker, Matthew Costello, Anne Costello, James R. Phillips, Heidi A. Phillips, Elaine Nicgorski, Anne Pendl, Chuck Pendl, Jane Hobing, City Attorney Charles Leone, Assistant City Attorney Ann Carol-Nash, Police Chief Thomas Fautz, Division Chief James Hassig, Terry Bland of the South Bend Tribune and Kathleen Cekanski-Farrand, Council Attorney. Council Member Puzzello noted that she called the committee in light of ongoing problems regarding loud parties and the disruption of the peace of the neighborhoods. She noted that several residents in the 4th Councilmanic District had contacted her voicing their concerns. Council Member Puzzello stated that she had made a series of discussions with representatives from the University of Notre Dame, the South Bend Police Department, and the Legal Department and believed that the best way to address these concerns was to come together in a meeting. An introduction of all persons in attendance then took place. Council Member Kelly noted that he does not have significant noise problems in his district. Council Member Puzzello then asked residents to express their concerns to the Committee. Matt Castello of 120 North Notre Dame Avenue spoke first. He stated that there are six (6) student houses which share a common backyard which has become a focal point for noise in the neighborhood. Mr. Castello stated that the problem is getting worse and that the students feel that they "own the area". He cited "kegs, houtin' and hollering', and tons of litter". He stated that the situation gets worse in the Fall, especially during Notre Dame games when a series of outdoor parties are held. This past spring he contacted Mr. Kirk and the police. He believes that as more properties are purchased by the University the homeowners are more and more threatened. Annie Castello of 120 North Notre Dame Avenue noted that there are twelve(12 )rentals which she is aware of in the immediate area. She and her husband are just one of two (2) homeowners. Mrs. Castello stated that their home was constructed in 1887 and is registered on the state and national historic registers. She sees the situation as "heartbreaking", especially since there are no established neighbors and that the neighborhood has now become so transient. Students are rude,which results in her going between moods of anger and heartbrake. Council Member Puzzello noted that there are many beautiful large homes near the Castello's home. Health and Public Safety Committee Meeting of September 7,2004 Page 1 Health and Public Safety Committee Heidi A. Phillips of 902 Washington noted that she has lived in her home which was constructed in 1913 since 1998. She cited a number of homes as one looks toward the Boat Club where an unreasonable amount of noise takes place. She noted that originally the entire area was zoned for single-family homes. She believes that many of the homes have been converted by Mark Kramer into student houses. She is aware of two (2) families who moved out this week who had lived in the area between 12-15 years. She stated that the homes near Dr. Johns are also "party houses". She believes there is an increasing frequency of loud parties and intensity of people attending the parties. Ms. Phillips stated that the parties are no longer just on the weekends, but rather beginning on week days around 11 pm and lasting to 3-5 am. She also cited problems of litter, broken bottles in the streets, people urinating publicly, etc. She stated that Mr. Kirk was initially cooperative. She noted that people are coming from other cities and she believes that the students are at risk especially when they are drunk and hide in the bushes when the police are called. Last Halloween there were over 2,000 students and a fence on St. Louis and Washington was damaged. She requested that agencies get involved especially in light of the under age drinking. The Council Attorney then provided to the persons in attendance with copies of the "Loud and Raucous Noise" regulations which are set forth in Sec. 13-57 of the South Bend Municipal Code; "Use of Police Officers at Large Parties or Gatherings Requiring a Second Response" regulations set forth in Sec. 13-57.1 of the South Bend Municipal Code and Sec. 13-57.05 of the South Bend Municipal Code setting forth the penalties for violations which range from $50.00 for the first offense, $100.00 for the 2nd offense and $200.00 for the 3rd and all subsequent offenses (copies attached). She added that the noise regulations have been on the books since the 1960's and were last amended in 1980, and that the large party regulations were passed by the Common Council in 1990 and later amended in 1992. Police Chief Thomas Fautz stated that his department has a good working relationship with Chuck Hurley, the Assistant Director of Notre Dame security. He noted that the city has worked with the Indiana Excise Police in some cases when there was reasonable suspicion that under age drinking was taking place. Jane Hobing of 1616 Scottswood stated that last Saturday there was alot of noise going on in the Wooded Estates area. The students had taken three(3)televisions outside and had the volume up on each on them form 6 p.m. to 1:15 am. She believes there were 20-30 students. At approximately 9:30 pm a police officer came after she called the police department. She stated that the officer did not believe that there was anything he could do with regard to the individuals being outside since they were on their own property. Chief Fautz apologized to Mrs. Hobing if any of his officer did not have a clear understanding of the noise regulations. Council President White asked what the University of Notre Dame does with regard to the behavior of students where they are off-campus. Health and Public Safety Committee Meeting of September 7,2004 Page 2 Health and Public Safety Committee Mr. Bill Kirk of the Residential Life Office of the University of Notre Dame apologized to Mr. and Mrs. Phillips if he had failed to get back to them. He stated that the University does have policies which permit Notre Dame to respond to violations of laws. The University can and does hold students responsible, however they have no means to go off campus. As a result they rely on the South Bend Police Department. The University has a progressive discipline procedure beginning with a warning. Often times discipline matters take several months. Mr. Kirk stated that he lives in the northeast neighborhood near the Pendl family. He apologized on behalf of the University of Notre Dame and believes that the problems discussed today may be the result of a minority of its student population. Mr. Kirk stated that he looks forward to working with the City Council and the neighborhood residents in addressing these concerns. Council President White inquired as to how many reports had the University of Notre Dame acted upon in the past two (2) years. Mr. Kirk stated that there have been "dozens" however the students appear to move from house to house. He noted that a student must be identified in order to be held accountable. Dr. Varner inquired about the number of reports that have to be made on a house before there is a response. Mr. Kirk stated that they would respond on the first call, however students do not have an obligation to report their local address. Dr. Varner suggested that a"verifiable local address"be required of each student, noting that he believes this is possible and that the University could ask for a copy of their lease. He further noted that in this way "hot spots" could be identified which would help in coordinating police patrols. Dr. Varner stated that he believes that the University's system "needs to be tightened". Mr.Kirk stated that he believes that the University could look into this suggestion. Anne Costello stated that she believes that the city has an obligation to go after landlords if they are owning a nuisance property. She added that if landlords profit was threatened they would respond. Charles Leone, City Attorney, stated that police must be careful in getting accurate information such as license numbers and getting video tape of the activities. Elaine Nicgorski of 1204 Stanfield suggested that the city should also look into zoning violations. Mr. Leone stated that "determining who is living there can be a task", especially with regard to creating an evidentiary basis. In response to a question raised by Mrs.Hobing, Assistant Chief James Hassig stated the often the circumstances of the situation dictate the types of reports. He noted that there are difficulties if the officer does not see the situation and in such instances they must rely on a "team effort" and need citizen involvement. Health and Public Safety Committee Meeting of September 7,2004 Page 3 Health and Public Safety Committee Council Member Puzzello noted that in some cases the city may get irritated because the same persons are calling,but they should realize that they are just trying to sleep. Chief Fautz stated that he would like to dedicate resources, but on the weekends this is not a priority which would justify extra details unless it is made mandatory and that would be a violation of the police contract. The Chief stated that only if there is a public emergency can he mandate such details. He urged the residents to continue to call however because the department looks at calls for services. He stated that perhaps they will have to look into calling upon the state police and the state excise officers. In response to a question from Council Member Puzzello, Chief Fautz stated that the department would listen to calls so that they have a better understanding of the scope of the problem. Mrs. Hobing stated that she believes that many of the police officers do not understand the ordinance. The noise is making many of the homes in the Wooded Estate area uninhabitable.. Chief Fautz stated that the enforcement procedure is time consuming and often takes 45 minutes to an hour to determine if one is underage. He stated that there must be consistent coverage and it is the responsibility of the Chief to see that his officers understand the noise ordinance. Council Member Puzzello inquired about the use of a decibel meter. Chief Fautz stated that the department does not use the meters any more, noting that the city has a good noise ordinance. A question was raised about resident cab companies and their lack of response when a drunken student calls for a cab. Residents noted that they are concerned about the students safety and welfare,noting that they have seen them stand in the rain for long period of time. Ann-Carol Nash of the Legal Department stated that taxicab licenses require companies that have three(3)or more cabs to operate 24/7. Council Member Puzzello thanked everyone for coming to the Committee meeting. She stated that she would be calling another meeting later this month or the first part of October to see what changes have been made to better address the residents concerns. There being no further business to come before the Committee, Council Member Puzzello adjourned the meeting at 5:30 p.m. Respectfully submitted, Council Member Ann Puzzello, Chairperson Health and Public Safety Committee Health and Public Safety Committee Meeting of September 7,2004 Page 4