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HomeMy WebLinkAbout04-26-04 Health & Public Safety t Z S Health and Mlle Safe4r Committee The April 26,2004 meeting of the Health and Public Safety Committee was called to order by its Chairperson, Council Member Ann Puzzello at 3:34 p.m. Persons in attendance included Council Members Dieter,White,Kelly,Puzzello,Varner, Kuspa,Coleman, and Kirsits;Police Chief Thomas Fautz, City Clerk John Voorde, City Controller Rick 011ett,Code Enforcement Director Catherine Brucker,Rita Kopola,Jeff Sims, Diane Anton, and Kathleen Cekanski-Farrand,Council Attorney. Council Member Puzzello noted that the first item on the agenda was to review Substitute Bill No. 24-04 which would amend Chapter 13,Article 4, Section 13-57.05 of the South Bend Municipal Code addressing"Violations and Penalties for Loud and Raucous Noise". Council Member Dieter,the sponsor of the Bill made the presentation. He noted that on the advice of the Council Attorney that he must state for the record that he is a member of the South Bend Police Department,but based on her advice he does not have a substantial conflict of interest and therefore will be able to present the Substitute Bill, participate in its discussion and vote on it. Council Member Dieter stated that Substitute Bill No. 24-04 would increase fines for loud and raucous noise to $100 for the 1st violation, $250 for a 2nd violation, and$500 for the 3rd violation; and would eliminate the reference to violations occurring in the same calendar year. He noted that all Council Members get complaints about noise throughout the city,and the increased fines should have a tremendous effect. He noted that between 2002 and 2003 there was an increase in ticketing of 276%. The Office of the City Clerk and the City Attorney's Office have collected 90%of those ticketed. He noted that he and the Council Attorney will be meeting with the City Attorney's Office early next week to review the enforcement process. Council Member Puzzello then asked for comments from the public. Jeff Sims of Lafayette,Indiana,noted that he believes there is low frequency noise and electric-magnetic fields which is creating a"health crisis in this city". Diane Anton,a St. Joseph County resident noted problems with boom boxes and the detrimental health effects which they create. She stated that vibrations affect health and that high energy fields also cause health problems and affect the length and duration on the human body. Council Member Kirsits asked on the loud and raucous ordinance is enforcement. Council Member Dieter stated that measurement is made on a fifty foot(50')basis. He also noted that since the hot line number was published in the newspaper that many residents have phoned in locations and noise complaints. Council Member Dieter also noted that the substitute bill calls for the fines to go into Fund#220,which is the Police Department Training Fund which is a dedicated fund. I l Police Chief Thomas Fautz spoke in favor of Substitute Bill No. 24-04. He commended Council Member Dieter for sponsoring the Bill and believes that it will be a great step in the right direction to curtail noise complaints throughout the city. He believes that dedicated the revenue generated from the fines to the training fund is also a great idea since good professional police officers is an ongoing goal of the Police Department. Council Member Kuspa voiced concern with regard to the amount of the fine for 1st offenders at$100.00,noting that he has no objections to the other amounts for repeat offenders. In response to a question from Dr. Varner, Council Member Dieter noted that the fine amount has not been changed since the 1980's and that many people"just laugh"at the amount. In response to a question from Council Member Kelly,Council Member Dieter noted that officers have discretion when issuing tickets, and that they do issue tickets for loud car stereos. Council Member Kelly noted that a"kick in the butt instead of a pat on the wrist"is needed. Council Member Puzzello suggested that in light of time restrictions and several more committee meetings that if Jeff Sims and Diane Anton have any written material that they could leave it with her. Following discussion,Council Member Kelly made a motion, seconded by Council Member Dieter that Substitute Bill No. 04-45 be recommended favorably to Council. The motion passed. Council Member Puzzello then made a presentation on Substitute Bill No. 27-04 which would amend Chapter 20,Article 3 of the South Bend Municipal Code addressing Abandoned Vehicles. She noted that the Bill would update the regulations so that they are consistent with state law;that it would permit the enforcement against cars without licenses; and it would include a$10 administration fee to help offset the costs of enforcing the ordinance. Code Enforcement Director Catherine Brucker spoke in favor of the Bill. The Council Attorney noted that she has copies of the Mishawaka ordinance which has authorized the collection of an administrative fee for several years,as well as a copy the state law address the abandoned vehicle fund(copy attached)for any one who would like to review them. Following discussion,Council Member Kirsits made a motion, seconded by Council Member Kelly that Substitute Bill No. 27-04 be recommended favorably to Council. Council Member Puzzello then called for a presentation on Bill No. 04-45 which would appoint an agent/negotiator to represent the Common Council and the City Administration and would address an Advisory City Negotiating Team for the upcoming Fire Department negotiations. Council President White noted that she will be calling on the Chairpersons of the Personnel and Finance Committee and the Public Works and Property Vacation Committee this Health and Public Safety Committee April 26,2006 Page 2 evening to make the formal presentation on this resolution. She noted that she called three(3) executive sessions for discussion of this topic and that the resolution would name the City's agent and chief negotiator. This is the first step to begin the process of negotiations with the Fire Department and she anticipates that it will be a positive process. Council Member Puzzello noted that Kathy Cekanski-Farrand is an experienced labor negotiator who has a proven track record of getting positive ratifications. Council Member Al"Buddy"Kirsits noted that he is a member of the South Bend Fire Department and has been advised by the Council Attorney that he must make this disclosure. Based on her opinion,he does not have a substantial conflict of interest and will be able to participate in the discussion on this resolution and may vote on it. Following discussion,Council Member Kirsits made a motion, seconded by Council Member Dieter that Bill No. 04-45 be recommended favorably to Council. The motion passed. Under miscellaneous business,Dr. Varner noted that with good weather there will be more and more"kids on motorized bikes". He suggested that some public service announcements be made for safety purposes and requested a copy of the regulations that apply. Council Member Dieter stated that he would get copies of the regulations to the Council. Council Member Kirsits suggested that perhaps a letter to Chief Fautz,who had left the meeting,may also be in order. There being no further business to come before the Committee, Council Member Puzzello adjourned the meeting at 4:02 p.m. Respectfully submitted, Council Member Ann Puzzello, Chairperson Health and Public Safety Committee KCF:kmf Attachments Health and Public Safety Committee April 26,2006 Page 3