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HomeMy WebLinkAbout05-10-00 Health & Public Safety • . Head and Public Safety Committee South Bend Common Council The May 10,2000 meeting of the Health and Public Safety Committee was called to order by its Chairperson, Council Member Andrew Ujdak at 3:00 p.m. in the Council Informal Meeting Room. Persons in attendance included: Council Members Aranowski,Pfeifer,Kelly, King,Varner, Ujdak, Coleman,Kirsits, and White;John Broden,City Attorney;Luther Taylor,Fire Chief; Larry Bennet,Police Chief;Richard Switalski,Assistant Fire Chief; Randy Magdalinski, Assistant Fire Chief; Thomas Broden,Deputy Attorney,M. Catherine Roemer, City Controller; Fred Jaroniak of the Fire Department, Sam Walsh,Firefighter Wage Committee members, Terry Bland of the South Bend Tribune, and Kathleen Cekanski-Farrand, Council Attorney. Council Member Ujdak that called upon members of the South Bend Fire Department to update the committee on the proposed physical ability testing to be used in the department. Chief Taylor then showed a fifteen(15)minute video. It highlighted eight(8)events which must be completed in 10 minutes and 20 seconds(current time is 6 minutes 30 seconds on a ranked basis) which would be on a pass/fail basis. The events include: ladder drills,hose drag, equipment carry,ladder raise&extension,forcible entry,tunnel event search,rescue event,and ceiling breach and pull. The events have been developed over a two-year period. The test is designed to be a valid and legitimate reflection of the job. It includes recruitment and training mentoring. Both the safety of the firefighters and the public are instrumental in its development. Chief Taylor noted that he has shown this film to the Board of Public Safety and to the Mayor. A facility would be needed for proper set-up. An area of 100' by 150' would be necessary. In response to a question from Council Member Kelly, Chief Taylor noted that of the 275 applicants 75%dropped out and between 65 to 75 made the final list. The Chief noted that their legal counsel,Mr. Bodnar has been involved in reviewing the test. The fire department has sent two firefighters to Indianapolis where the system will soon be in place. Council Member Kelly suggested that such a system be used after a firefighter is on the department for overall health and public safety concerns. Chief Taylor noted that advancements have been made in the department on fitness and wellness issues. Council Member Varner suggested that it be made available to current firefighters but not be a requirement. Council Member Kirsits noted that validation studies have been made under Chief Nowicki and that testing has been moved from the Central Fire Station to Station# 11 almost 12 years ago. Assistant Chief Richard Switalski then highlighted portions of the handouts(copy attached). The testing would be pass/fail. Current testing is 50%written and 50%agility with the current written test basically being an IQ test. The Institute for Public Safety Personnel, Inc. under the direction of Dr. Jeffrey C. Savitsky has developed the testing procedures being cognizant of their legal defensibility,the integrity of the testing materials,being consistent and fair, and their job Health and Public Safety Committe Meeting Minutes of May 10,2000 Page 1 relatedness. He noted that the Evansville Fire Department uses them. The overall cost would be between$ 8,500 tO $ 10,000. They have suggested a tutoring program before testing with a mock test. Chief Taylor noted that study material would also be made available. The Chief also noted that once the testing programs were in place that they could be made available to other fire departments on a fee basis. Council Member Kirsits noted the importance of making the testing particular to South Bend. Transport survival for example could be similar to those implemented by the Phoenix Fire Department. Assistant Chief Randy Magdalinski then reviewed the proposed re-districting of medic units to improve response times. The national average for advanced life support(ALS)is 4-6 minutes with 5.4 minutes being the mean ALS. South Bend's ALS is 6.8 minutes. He then reviewed the material for 1999 calls by medic and district(copy attached). The four(4)districts would be centered out of the following locations: 1. Old fire station# 10, 2. Central Fire Station, 3. Station# 2, and 4. Station#4(Olive). The runs have been rotated in the past. The new system should reduce the busiest times occurring Monday through Friday addressing in-service transports. Although fire calls have been reduced,EMS runs have increased. Chief Magdalinski expressed concern with regard to maintaining an adequate level of medics. He noted that there is a much higher rate of survival of a heart attack if the person is attended to within 5.4 minutes. The national average on an ambulance is five(5)years. Council Member Kelly inquired into the turnover of medics. Chief Magdalinski stated that pay is an issue and that burnout is also a concern. There were 9,910 calls last year. 20%were ALS and 80%were BLS. He would like firefighters and paramedics to have the opportunity to do both fire suppression and medic services. AEMT nationally can start an IV and work a monitor and provide the 1st line of cardiac drugs. Washington D.C. utilizes two(2)paramedics on their rigs. He noted that last year the city lost two(2)paramedics for more base pay elsewhere. Many wish to expand their careers in the department. In response to a question from Dr. Varner, Chief Magdalinski noted that certification costs run $500 per year for AEMT and$1,500 per year for paramedics,plus the costs of overtime for training. The last class cost approximately$ 15,000. Council Member Kirsits noted that the total number of runs are up even though fires are down. In response to a question from Council Member Ujdak, it was noted that in 1998 60%of the calls were for people less than 65 years of age. A formal press conference will be held later this week at old Fire Station# 10 and the Council was invited to be in attendance. Council Member Ujdak thanked Chief Taylor and his staff for the presentations. At this point in the meeting the following individuals joined the Committee meeting: Jim Frick, Patrick E. Mangan,Public Policy Consultant; Joseph E. Sergio,President of citizens for Community Values, Inc.,Mr. John Broden, City Attorney, and members of the South Gateway Commercial Corridor Business District. Health and Public Safety Committe Meeting Minutes of May 10,2000 Page 2 Council Member Ujdak then noted that the remainder of the Committee meeting would be devoted to reviewing items related to proposed Bill No. 28-00 which would amend Chapter 4, Section 18.5 of the South Bend Municipal Code regarding adult businesses. Police Chief Larry Bennett then reviewed the calls for services to nine(9)establishments, namely: Glo-worm,Knockers,Little Denmark,Adult Emporium, Torch,Peaches,Kitty Kat, Lipstick Lounge and Caparell's from May of 1999 to May of 2000(copy attached). He also briefly reviewed some of the police incidents for such establishments(copy attached). He noted that a comparison to other bars and taverns was also made with Corby's having 75 calls, Stude's having 105 calls,Moondogs having 45 calls and Pejza's having 75 calls. Council Member Ujdak then directed a series of questions to the Legal Department. He focused initially on the definition of"secondary harmful negative effects". Mr.. Broden noted that it was both a judicial and legislative in nature which has evolved over time. He does not anticipate putting a definition of it in the proposed ordinance. He noted that the 32 land use studies conducted over the past twenty(20)years provides a sound basis. Mr. Mangan noted that increased crime, decreased property values and increased blight were all proper criteria of secondary harmful negative effects. Additionally first hand knowledge of such conditions and the series of articles run in the South Bend Tribune on adult businesses would also be made of record. Mr. Broden stated that the Statement of Purpose and intent would reflect such historical data and therefore a definition would not be necessary. Council Member Kelly noted that the discussion on the secondary harmful negative effects has been ongoing in the community. In response to a question raised by Council Member Kirsits it was noted that the South Gateway area alone have twenty-five(25)vacant buildings, and that many of the properties on South Michigan have been devalued. Council President Pfeifer inquired into how you evaluate increased crime. Mr. Broden noted that the police reports show a high crime rate in these areas over others. He noted that the blueprint is established by the land use studies. The Council Attorney inquired whether a substitute version of Bill No. 28-00 would be forthcoming highlighting the increased crime, decreased property values and increased blight. Mr. Broden stated that a substitute bill would be filed with the Council by the end of the month incorporating such information and how it has affected the quality of life issues as well as the integrity of the neighborhoods. Discussion then took place on the Erie,PA. case which was not a restriction of time case. This case is important in light of its reaffirmation of secondary negative harmful effects and the power of local government to regulate through proper ordinances. Council Member Ujdak asked for a copy of the case for the committee. Health and Public Safety Committe Meeting Minutes of May 10,2000 Page 3 Mr. Mangan noted that time and manner issues are regulated by licensing regulations and that place issues are regulated by zoning regulations. He further noted that their attorney would be available for training at no cost to the city. The Committee then began discussion of the"Delaware Case". Mr. Broden noted that this is a time case involving a 10 p.m.closing. Mr. Broden offered to provide copies of it later to the committee. It was not helpful on the pre-emption issue but does address time,place and manner issues. A Delaware state statute was involved. It was found to be reasonable and rational. Council Member Ujdak inquired into the number of affected businesses. Mr. Mangan stated he would provide that information, It was also noted that a Colorado case involves a 4 p.m. to midnight provision which was decided in 1990 and that there is also a New Jersey case addressing time issues. Dr. Varner noted that bar operations as opposed to adult businesses should also be considered. Council Member Aranowski suggested additional work in the area of the Indiana Alcoholic Beverage Commission and suggested that the City talk to the State Chairperson in light of the fact that properly licensed liquor establishments may stay open until 3 a.m. Mr. Broden noted that if a lawsuit was filed in all probability it would ask for injunctive relief Council Member Ujdak also encouraged the City Administration to have input from the ABC Indianapolis office. Council Member Ujdak noted that the next meeting would be next Tuesday at 3 p.m. There being no further business to come before the Committee, Council Member Ujdak adjourned the meeting at 5:05 p.m. Respectfully submitted, Council Member Andrew Ujdak, Chairperson Health and Public Safety Committee KCF:kmf Attachments Health and Public Safety Committe Meeting Minutes of May 10,2000 Page 4