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HomeMy WebLinkAbout03-14-16 Health and Public SafetyHEALTH & PUBLIC SAFETY MARCH 15, 2016 4:15 P.M. Committee Members Present: John Voorde, Karen White, Oliver Davis, Jo Broden Other Council Present: Tim Scott, Gavin Ferlic, Regina Williams- Preston, Randy Kelly Others Present: Kathleen Cekanski - Farrand, Adriana Rodriguez, Jennifer Coffinan, Joe Molnar, Tasha Reed Outlaw, Aladean DeRose, Randy Wilkerson, Steve Cox, Andy Meyer, Chico Rodriguez, John Courtier, Jim Lukey, Agenda: Bill No. 05 -16 Approving fees for nuisance abatement Bill No. 06 -16 Approving fees for securing and demolishing structures Chief Steve Cox, South Bend Fire Department John Voorde, Chair of the Health & Public Safety Committee, called the meeting to order with two bills for consideration. Randy Wilkerson, Director of Code Enforcement, gave a presentation regarding Bill Nos. 05 -16 and 06 -16, which is on file in the Office of the City Clerk. He highlighted the Indiana Unsafe Building Law, IC 36- 7 -9 -12, which allows the Department of Code Enforcement to recover the costs associated with, and the reasonable forecast of their costs. The fees are based on wages, fringe benefits for the staff, vehicle maintenance, fuel, software, office supplies, mailings, fees associated with research, wireless service, and any other costs pursuant to IC 36- 7 -9 -12. This doesn't factor in computer, vehicle or equipment replacement. Municipal Code Section 6 -37 names the Board of Public Works as the commission that oversees the Department of Code Enforcement fees, but they wanted to bring the fees to the Common Council to seek approval in order to increase transparency. Code Enforcement also plans to post all of its fees online to ensure increased transparency. Chairperson Voorde stated that he would like to see the fees raised more frequently so that the increase isn't so dramatic. He saw it as a simple fee increase, but believes there may be some unintended consequences that come along with this kind of fee structure. He announced that he would accept a motion to continue both bills so that the committee can have a separate meeting to discuss these issues. Councilmember Oliver Davis inquired where the fees were currently posted, and why the Board of Public Works had the authority to approve them. Council Attorney Kathleen Cekanski - Farrand stated that the ordinance authorized the Board of Public Works to approve the fees. Also, under the Home Rule statute, the Council has the opportunity to charge the fees as long as they are reasonably necessary and reasonably related to the services that are being provided. Councilmember Davis asked who has the final say in the fees, and Council Attorney Cekanski- Farrand responded that until there is an ordinance, the final authority is unknown. Tasha Reed Outlaw, Legal Department with offices on the 12th floor, explained that the Board of Public Works has the authority to set the fees, however, to move forward in a more transparent manner, they want to ensure that this ordinance moves forward so that everyone is on the same page with respect to the fees that the city extends. Councilmember Davis asked how the Council and the Board of Public Works would work together, and Ms. Reed Outlaw explained that the Board of Public Works would be willing to have that conversation to ensure that everyone is on the same page. If there is something specifically that the Common Council questions or has specific issues with, then the resolution could possibly be amended to make sure that everyone is on the same page. The Committee and Ms. Reed Outlaw discussed when the last fee raise occurred, but there is no history of a fee raise before 2008. Councilmember Davis expressed concern over raising rates of every different service in 2016, and feeing the people of South Bend out of everything because they haven't been raised in many years. He suggested including fee raises in the budget in the future. Chairperson Voorde stated that no one likes to raise fees. Councilmember Karen White, in agreement with Chair Person Voorde, suggested that there be a second meeting prior to the next Council meeting to spend time going over the answers to the questions asked of the Department of Code Enforcement. She believes that a scale would be beneficial for citizens to prepare for fee increases. Mr. Wilkerson stated that these fees impact three (3) to four (4) percent of residents or non- residents. Seventy -five (75) percent of these properties are not home owner occupied. Most of the home -owner properties Code Enforcement has an issue with are resolved before they have to be billed. People are addressing their issues and cleaning up because of the personal contact they have with Code Enforcement. Only the residents who continue to violate will be charged, and they are a very small percentage of our population. Councilmember White asked what has prompted the need for the fees to be increased at this time. Mr. Wilkerson stated that he has improved many policies since he has been director. Since fees were last increased in 2008, salaries have gone up and they've cleaned up a lot of their processes. Councilmember Jo Broden asked for more information from the discussions of the Board of Public Works. If the committee has more knowledge of how the fees are substantiated, they would be able to have a more substantial discussion between council members as well as with the public. Council President Tim Scott commented that they had discussed modifying article 8, Section 6- 37 to specifically give the authority of raising Code Enforcement fees to either the Council or the Board of Public Works Ms. Reed Outlaw explained that under state law, the Board of Public Works has the authority to investigate and set fees, and under Home Rule, and it is the Council's job to determine whether or not the new fees are reasonable. Linda Wolfson welcomes the idea of making it more transparent, but she thinks that it would be helpful if they had more information to be able to understand the process. She would be in favor of anything that would provide an opportunity for more support and more involvement and understanding. Chairperson Voorde concluded that there is a need for a special committee meeting before the next scheduled meeting, and Council Attorney Cekanski - Farrand mentioned that President Scott does not want anything else scheduled for the next meeting, so if continued, this bill wouldn't be heard until the April 11 th meeting. Councilmember Kelly asked if they could move forward with the bill without having their questions answered, or if the answers will directly impact this bill. Councilmember Regina Williams- Preston asked how the improvements in efficiency reduced the costs associated with the abatements of property and what the fees that are collected are used for. Mr. Wilkinson stated that the fees collected would go into the unsafe building fund, ending the need for the Department of Code Enforcement to take money from the General Funds to do the abatements in the future. Coouncilmember Davis requested that Mr. Wilkinson answer the questions that were submitted. Chairperson Voorde asked for a recommendation to call a special meeting of the committee. Councilmember Davis made a motion that the committee table Bill Nos. 05 -16 and 06 -16 until another meeting, with a date to be determined at tonight's council meeting, is held. The motion was seconded by Committee Member White. Council President Scott made a recommendation to separate out issues with these two bills and other code issues to make sure that it is focused. Council Attorney Cekanski - Farrand clarified that from a legal perspective, they are to look at the reasonableness of the cost - recovery program, and that's it. The other issues are ancillary to it, unless legal says otherwise. 3 Councilmember Broden clarified that they just need to see that the data supports the fee raises to discern their reasonableness. Deputy City Attorney Aladean DeRose commented that the test of reasonableness is whether the costs of actually performing the services are there and that the fees do not exceed those costs, but also that the fees relate to the actual costs. Chairperson Voorde called for a voice vote on the motion to continue Bills No. 05 -16 and 06 -16, and it passed with unanimous support. Chairperson Voorde introduced Chief Steve Cox of the South Bend Fire Department. Steve Cox, with offices at 1222 S. Michigan St. was asked to give an overview presentation to the Council regarding the South Bend Fire Department. Most of the Fire Chiefs are located at the Central Fire Station at 1222 S. Michigan St. There are 10 additional fire stations in South Bend, for a total of 11 districts. Each of the fire houses are staffed with at least one engine company, each of which is typically staffed by at least three (3) firefighters. They respond to EMS, fire calls, etc. If an individual in the public calls 911, and their need is anything but law enforcement, they respond to that call and their job is to problem solve whatever situation that they're confronted with. They like to consider themselves an all- hazards emergency department, as opposed to just a fire department. Chief Cox explained that the fire department was organized in 1853, and it has evolved from just a fire department over time. About 70 -80% of the call volume deals with EMS related issues. Other issues deal with special operations such as hazardous materials response, technical rescue, water rescue, etc. EMS calls deal with car accidents, any kind of traumatic event, and illnesses. The EMS program was created in 1975, and the South Bend paramedics are second to none. The South Bend Fire Department was one of the first in the state to run a paramedic ambulance service. The Fort Wayne Fire Department is looking at South Bend's system, looking at modeling their EMS services off the model that we provide in South Bend and unincorporated parts of St. Joseph County. Only four (4) stations have ambulances stationed there. The districts that do not have ambulances assigned, receive first responses from the district's engine company. Since 1997, the department has had a contract with the county to provide EMS service to unincorporated areas of St. Joseph County. Additionally, the department has a contract with the University of Notre Dame to provide service on campus. Council President Scott interrupted to remind the committee that they are running over on time, and to ask Council Member Preston if the committee could take time from the Community Relations Committee Meeting to make up for the lost time. Councilmember Preston approved Council President Scott's request. 4 Chief Cox went on to explain the water rescue preparedness of the fire department. They have a dive team which recovers vehicles and bodies. The aim is to be able to get to people in their moment of need while they are still in the river and trying to get out. The department has two (2) boats that respond to water emergencies. The fire department also provides all of the training required for the Indiana water rescue school, and South Bend's is a nationally known school. People from New York, California, and Chicago come to South Bend to be trained at our river rescue school. The department also responds to hazmat calls. According to an ordinance, the Fire Department can bill anyone for spills that they have to respond to. Chief Cox explained that the department also does technical rescue and response training. Examples include the rescue of window washers on the side of a tall building, extricating a construction worker from the earth, and taking the necessary steps to rescue those trapped after a plane crashed into a South Bend home a few years ago. One of the priorities that Chief Cox mentioned is diversifying the workforce in the Fire Department. The department is somewhat diverse, but not adequately so. The department puts on a camp for Girl Scouts to learn about a career in the Fire Department, and it has been very well received. Another priority is a healthier Fire Department, which is why they have a very robust fitness program. Chief Cox encouraged the Council to reach out to him at any time with questions, comments or concerns. Councilmember Kelly commended Chief Cox for the time he and his staff have spent traveling around his district to communicate with the public to keep them informed. The combined emergency dispatch was discussed, and Chief Cox indicated that while the project is not yet complete, he and Police Chief Ruzkowski are happy with the direction that things are moving in, even though he wishes it would have moved faster. Council President Scott asked for a later presentation over the combined emergency dispatch, and thanked Chief Cox for everything the Fire Department does. He explained that after the plane crash, he saw the things they had just approved in the budget put to good use. Councilmember Broden brought up Girls on the Run as an opportunity for the Fire Department to reach out to young girls, and Chief Cox stated that they will be at their next event. With no further business before the Committee, Chairperson John Voorde adjourned the meeting at 5:10 p.m. Respectful Submitte John Vo ai 5