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Home My WebLink About03/22/06 Board of Public Safety Minutes`~ ... ? PUBLIC AGENDA SESSION MARCH 22. 2006 The Board of Public Safety met in the Public Agenda Session at 8:10 a.m. on Wednesday, March 22. 2006 with President Jesusa Rodriguez and Board Members Juanita Dempsey, Donald Alford and Patrick D. Cottrell present. Also present were Police Chief Thomas H. Faut~. Fire Chief Luther Taylor and Board Attorney Thomas Bodnar. ' The meeting was held in the Board of Public Works Meeting Room. 13"' Floor, County City Building, South Bend, Indiana. Board members discussed the following item(s) from that list. -Minutes The Board noted three (3) errors in the minutes. On page 17 in the "Hearing -Hoosier Truck Service" section, the word "the" should appear after the word "company" in the first line. On page 21, in the "Statistical Report for the Fire Department", the second column heading should read "January 2005". On page 21 in the section entitled "Dearing - l lousier Truck Service, 2°d Paragraph, 6"' line, the address should include " 31"after U.S. - Addition of Agenda Items Mr. Bodnar indicated that three (3) items will be added to the agenda: 1) Resignation; 2) Charges; and 3) Administrative Leave. - Resolution No. 10-2006 - Adopt a Written Fiscal Plan/Annexation Area Mr. Bodnar stated a representative from Community and Economic Development ~~~ould be present to review the Resolution, as well as invite public comment. - Continuation of Hearing -Hoosier Truck Service -Police Department Mr. Bodnar explained that he spoke ~~~ith Coda Enlorceiuunt nod Cite l..iccnsing. ~l'h~ applications and reports are favorable, and the paperwork should be returned to the appropriate departments within the next few days. Mr. Bodnar suggested continuing the hearing until the next meeting, when ali the paperwork is in place. -Retirement -Police Department Mr. Bodnar stated with this was a retirement in good standing. - Donation -Police Department Mr. Bodnar stated this was a donation to the Police Department. - Monthly Statistics -Police Department Chief Fautz stated burglaries have risen and are of a concern. The Police Department is implementing strategies to decrease the member of burglaries. - Resignation -Police Department It was noted the resignation was for personal reasons. - Retirement -Fire Department It was noted this was a retirement in good standing. - Monthly Statistics -Fire Department It was noted the numbers for structure fires for February 2005 were much higher than February 2006. Chief Taylor noted there was an apartment fire during February 200, therefore the dollar amount increased. -Administrative Leave -Fire Department Mr. Bodnar noted charges were filed in the Marshall Superior Court on March 20.''00. Al r. Bodnar stated an administrative leave without pay is the procedure for this type of situation. -Charges -Fire Department Mr. Bodnar stated charges have been filed by Chief Taylor in the matter of Gale Evans. A Special Meeting has been set for March 29, 2006 at 8:15 a.m. The Clerk will be instructed to forward the appropriate paperwork to Mr. Evans. ADJOURNMENT There being no further business to come before the Board, President Rodriguez declared the meeting adjourned at 8:25 a.m. BOARD OF PUBLIC SAFETY Jesusa P~odriguez, President r---, .• .. y PUBLIC AGENDA SESSION T ES ~,/ J ,-~„ Angela .Jacob, Cler ~y EXECUTIVE SESSION MARCH ~2, ?006 f~ Donald L. Alford, M tuber uanita Dempsey, Memb r ~~ : Patrick D. Cottrell, ember MARCI 122, ?006 The Board of Public Safety met in Executive Session on Wednesday. March 22, 2006. at 8:30 a.m. The meeting was held in the Mayor's Conference Room, 14`x' Floor, County City Building. youth Bend, Indiana, for the purposes specified in LC. 5-14-1.5-6.1 (b) (2) (B) and (b} (6) (A. President Jesusa Rodriguez and Board Members Juanita Dempsey. Donald Alford and Patrick Cottrell ~~~ere present. Also present were Police Chief Thomas H. Fautz, Fire Chief Luther Taylor and E3oard Attorney Thomas Bodnar. Board members did not discuss any subject matter other than the subject matter as specified in the Public Notice. The meeting adjourned at 9:03 a.m. BOARD OF PUBLIC SAFETY Jesusa Rodriguez, President TT ST: ~1•C - f Angela K. ob, Clerk Donald L. Alford. ~ianita Dempsey, Mefhber~ atrick D. Cottr ,Member 1 1 REGULAR MEETING MARCH 22, 2006 The Board ofPublic Safety met in the regular meeting at 9:05 a.m. on Wednesday, ~~9arch ??, 2tiut,, with President Jesusa Rodriguez and Board Members Juanita Dempsey, Donald Alford and Patrick ~ _ _ D. Cottrell present. Also present were Police Chief Thomas H. Fautz, Fire Chief Luther Taylor and Board Attorney Thomas Bodnar. The meeting was held in the Board of Public Works Meeting Room, 13°' Floor, County City Building, South Bend, Indiana. ~ ~ ~, ~. REGULAR MEETING MARCI 122. ?nnr, APPROVE MINUTES OF PREVIOUS MEETINGS President Rodriguez advised that if there were no objections by members of the Board, the minutes of the Public Agenda Session, Executive Session, and Regular meetings of the Board held nn March 1, 2006 would be accepted and approved, with the corrections noted. Mr. Cottrell made a motion that the minutes be accepted with the corrections. Mr. Alford seconded the nu>tic~i; ~~hi<•!~~ ~:u~s i~~,l. ADOPT RESOLUTION NO. 10-2006 - ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISSION OF SERVICES TO AN ANNEXATION AREA IN CENTRE TOWNSHIP (KENDALL WEISS, LLP ANNEXATION ARF,A) Mr. Marco Mariani, Community and Economic Development, was present and stated this is a voluntary annexation of approximately 102 vacant lots in District 6, which are slated for single- family homes. Police Department Beat No. 15 and Firc Dehartment Station A'o. 10 ~~il! ~~~~~~,~ ~I~>, area for fire and police services. Street lights will be installed by the developer. Upon a motion made by Mr. Cottrell, seconded by Ms. Dempsey and carried, the Resolution was approved and adopted. RESOLUTION NO. 10-2006 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF "1IIG CI-1'1' Ul~ SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CENTRE TOWNSHIP (KENDALL WEISS, LLP ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend. Indiana, an Ordinance and a petition by all (100%) property owners which proposes the annexation of real estate located in Centre Township, St. Joseph County, Indiana, which is more particularly WHEREAS, the territory proposed to be annexed encompasses approximately 69.94 acres of vacant, unimproved land, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 18% contiguous, generally located adjacent to and ~~~cst of the current Lafayette Falls residential development. It is anticipated that the annexation area will be developed as a residential subdivision. This residential use will require a basic level of municipal public services, including the provision of police and "fire protection; and WHEREAS, the Board of Public Safety now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of police and fire protection to be furnished to the territory to be annexed; (2) the method (s) of financing those scr~~ices: (,l the hl:ui [i~r th; organization and extension of those services; (4) that those services will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density. and in a manner consistent with federal, state and local laws, procedures and planning criteria:. and (~) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to he annexed that the real property described more particularly at Table 2, page 12 of lxhihit ",1" attached hereto be annexed to the City of South Bend. Section II. It shall be and hereby is now declared and established that it is the polic}~ of the City of South Bend, by and through its Board of Public Safety, to furnish to said territory police and fire services within one (1) year of the effective date of annexation in a manner equivalent in standard and scope to similar services furnished by the City to other areas regardless of similar described at Table 2, page 12 of Exhibit "A" attached hereto; and ~~~ '• YI REGULAR MEETING MARCH 22. 2006 topography, patterns of land use, or population density and in a manner consistent with federal. state and local laws, procedures, and planning criteria. Section III. The Board of Public Safety shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit "A", and made a part hereof, most particularly those provisions pertaining to police and fire protection at pages 6 and 7 of Exhibit "A", for the furnishing of said services to the territory to be annexed. Adopted this 22"d day of March 2006. BOARD OF PUBLIC SAFhT1' s/Jesusa Rodriguez, President s/Donald Alford, Member s/Patrick Cottrell, Member s/,luanita Dempsey, Member ATTEST: s/Angela K. Jacob, Clerk POLICE DEPARTMENT ACCEPT AND APPROVE RETIREMENT -JOHN B. FLOYD President Rodriguez advised that Chief Thomas Fautz has submitted to the Board the Application and Declaration for Retirement for Sergeant John B. Floyd, effective March 28, 2006. Chief Pautz noted that Sergeant Floyd has served the Department with loyalty and distinction during the last thirty-five (35) years, eight (8) months and rivelve (12) days. Chicl~ I'aut~ joined thu (Board in thanking him for his commitment, dedication and years of distinguished service to the Sottth Bend Police Department and the citizens of South Bend. Members also wished him a long and happy retirement. Upon a motion made by Ms. Dempsey seconded by Mr. Cottrell and carried, the retirement was accepted and approved. CONTINUATION OF HEARING -HOOSIER TRiJCK SF,RVICE Mr. Bodnar stated he spoke with the City of South Bend Licensing lleparunuit and C.'udc Enforcement, and found that one (1) report still remains to be returned. All other applications and recommendations are favorable. Upon a motion made by Mr. Alford, seconded by Mr. Cottrell and carried, the hearing was continued to the next regular Board of Public Safety meeting. ACCEPTANCE OF DONATION In a letter to the Board, Police Chief Thomas Fautz advised the Board of a ~~enerous drniati~~n of $50.00 to the South Bend Police Department by Mr. Richard Kilbase. "I'he money was donated for a scholarship fund for children of fallen officers. Upon a motion made by Mr. Alford, seconded by Mr. Cottrell and carried, the donation was accepted. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT -MARCH 2006 President Rodriguez indicated that unless there were questions or objections by members of the Board, the statistical report for the month of March 2006 as submitted h~~ the Police I)~haru»~n: would be accepted for filing. There being no objections, the following report was accepted Im- f fling: YEAR TO DATG PARTIOFFENSES 2005 2006 CHANGE 05 ~ CIIA'v'GG MURDER 0 0 0 0 0 - I RAPE 6 6 0 10 13 -r 3 ROBBERY ] 9 18 1 1 44 61 ~ 17 AGGRAVATED ASSLT 20 23 + 3 46 -Iti - u BURGLARY RES 46 109 + 63 125 260 + 135 BURGLARY NON RES 27 30 + 3 69 7 I ~ 2 LARCENY 275 282 + 7 560 600 + 40 MOTOR VEH THEFT 29 38 9 78 9a ~ I G ARSONS 6 4 - 2 8 12 + 4 GRAND TOTAL 428 510 + 82 941 1151 + 210 A ^ ^ ~ ...-~ ~... ,. ^ ^ 1 REGULAR MEETING MARC1 122. 200< ACCEPT AND APPROVE RESIGNATION -CORPORAL HAVEN FREEMAN In a letter to the Board, Police Chief Thomas Fautz informed the Board of the resignation of Corporal Haven Freeman from the Police Department, effective March l .2006. Corporal Prcem~ui was sworn in on August 7, 2002. Upon a motion made by Mr. Alford, seconded by Mr. Coth•el I and carried, the Resignation accepted and approved. FIRE DEPARTMENT ACCEPT AND APPROVE RETIREMENT -TOM ARANOWSKI President Rodriguez advised that Chief Luther Taylor has submitted to the Board the Appl ication and Declaration for Retirement for Engineer Tom Aranowski effective March I9, 2006. Chief Taylor noted that Captain Buysse has served the Department with loyalty and distinction during the last thirty-four (34) years and six (6) months. Chief Taylor joined the Board in thanking him f'or his commitment, dedication and years ofdistinguished service to the South Bend Fire T)clxirtntrn! ana the citizens of South Bend. Members also wished him a long and happy retirement. Upon a motion made by Ms. Dempsey seconded by Mr. Cottrell and carried, the retirement was accepter{ anti approved. FILING OF MONTHLY STATISTICAL REPOR"p -FEBRUARY 2006 Chief Luther Taylor submitted to the Board the monthly report for the month of February 2006 complied by the Prevention/Inspection Bureau of the hire Dcp~u•tmcnt. lltrrr h~in~ ru ,71~j~; u~n~,. the following report was accepted for filing: A summary is as follows: FEBRUARY FEBRUARY 2006 2005 STRUCTURE PIRF,S Property Damage--Buildings & Contents (Estimates) $180,200.00 $1,219,800.00 INSPECTIONS (Fire Prevention/Ins ection Bureau) 482 Inspections 580 Inspections 36 Re-Ins ections 10 Re-Ins ections _____ INVES"IIGA~fIUV'S (Police/Fire Arson Bureau) 10 18 Investi ations Investigations 2 7 Arson Arson APPROVAL OF ADMINSTRATIVE LEAVE -JAMES BURKUS In a letter to the Board, Chief Luther Taylor requested the Board place Firefighter James Burkus on administrative leave effective March 22, 2006. On Monday, March 20, 2006, misdemeanor charges were filed against Captain Burkus in the Marshall Superior Court (SOD02-0603-CM-00375). Chief Taylor recommended the administrative leave be without pay. I.C. 36-8-3-4 (n) gives the Board authority to place Firefighter Burkus on administrative leave until such time as there is a disposition of criminal charges in the Marshall Superior Court. Upon a motion made by Ms. Dempsey, seconded by Mr. Cottrell and carried, the Administrative Leave was approved. CHARGE 06-01 -GALE EVANS Chief Luther Taylor presented Factual Allegations in the matter of Charge No.06-O1 against Gale Evans as follows: Engineer Gale Evans was a member of the South Bend Fire Department during 2004. On the 3'J day of December 2004, at the Osco Pharmacy at 4401 West Western Avenue. South 13rncl. Inclian;i. Engineer Evans acquired possession of a controlled substance, Vicodin, by presenting a prescription slip which was not authorized by the doctor listed on the prescription. r^ '_ V J REGULAR MEETING MARCH 22, 2006 On our about June 29, 2004, at the CVS Pharmacy at 50660 U.S. 31 North, Engineer Evans acquired possession of a controlled substance, Delaudio, a legend drug, without a valid prescription. COUNTI By obtaining the Vicodin on December 3.2004. F,n~~ineer P~'ans committed coi~d~~ct ~~r.h~ c~,n~i~~~~ member of the South Bend Fire Department and violated Rule 300.00(1) of the South Fiend Fire department Duty Manual, all in violation of I.C. 36-8-3-4(B) and (H). COUNT II By obtaining the Delaudio on June 29, 2004, Engineer Evans committed conduct unbecoming a member of the South Bend Fire Department and violated Rule 300.00(1) of the South Bend Fire department Duty Manual, all in violation of LC. 36-8-3-4(B) and (IT). It is the recommendation of Chief Taylor that he be suspended from duty for sixty (60) calendar days without pay. The Board instructed the Clerk to forward the appropriate paperwork to Engi Weer Gale Evans. A special board meeting was set for March 29, 2006 at 8:15 a.m. ADJOURNMENT There being no further business to come before the Board, President P~c~dri;~uer_de~l:u~~~i ~I~c m~.~~ in~~ adjourned at 9:17 a.m. BOARD OF PUBLIC SAFETY T ST: C Angela Jacob, Cle Jesusa Rodriguez, President Donald L. Alford, Me er r ~nita Dempsey, Membe Patrick D. Cottrell, Member ^ ^ 1