The URL can be used to link to this page

Home My WebLink About04/12/06 Board of Public Safety Minutes~o~ ~ J J PIJBI,IC AGENDA SESSION APRIL 12, 2006 The Roard of Public Safety met in the Public Agenda Session at 8:10 a.m. on Wednesday, April 12, ?UU6 with Board Members Juanita Dempsey, Donald Alford and Patrick D. Cottrell. President Jesusa Rodriguez was not 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`h Floor, County City k3uilding, South Bend, Indiana. Board members discussed the followin items from that list. g () -Minutes The Board reviewed the minutes and found no errors or corrections. -Resolution No. 21-2006 -Fiscal Plan -John Roy Annexation Area The Board noted the agenda stated "Centre Township", which is incorrect. The correct township is "Cla}'". Mr. Bodnar stated a representative from Community and Economic Development would be present at the regular meeting to discuss the Resolution. Mr. Bodnar stated the annexed area is near Turtle Creek Apartments. - Promotion -Fire Department Mr. Bodnar stated this individual had previously resigned due to family issues and he has returned to the South Bend area. He will be re-hired with a promotion, pursuant to Resolution 3-2006. The Board noted the wording "be promoted" should be added to the Chiefs letter. - Charge 06-01 -Gale Evans -Fire Department Mr. Bodnar stated this will be discussed in the Executive Session. - Promotions -Police Department Mr. Bodnar stated this is a request for five (5) Patrolmen to be promoted to Corporal. They have successfully completed three (3) years of employment with the South Bend Police Department, and the promotions will be effective Apri121, 2006. Charge 06-02 -Joseph Muszer -Police Department lr. [iuclnar stated this involves a D.U.L, and the Board should direct the Clerk to serve the appropriate paperwork to him. A special meeting date of Apri120, 2006 was determined. \lr. Bodnar stated paperwork for a former firefighter applying for a pension was submitted to the Board. Mr. Bodnar noted the Board of Public Safety had no jurisdiction over this matter. He will correspond with the attorney and advise him of this. AllJUURNM>/N~l~ 1 here being no further business to come before the Board, President Rodriguez declared the meeting adjourned at 8:20 a.m. OARD OF PUB SAFETY ...~ c~`~ Jesu Rodriguez, President ~j~sl,~ off.- G~~~'`.r Donald L. Alford, M ber uanita Dempsey, Mem er 1~..~%e-Cts~c~ Patrick D. Cottrell, Member TEST: /~a-i11~-~..~.~ ~(...-~i~-. ~e~ ~~ Angel K. Jacob, erk ., ~~ r F,XECiJTTVF, SESSION APRIL 12, 2006 The Board of Public Safety met in Executive Session on Wednesday, April 12, 2006, at 8:22 a.m. The meeting was held in the Mayor's Conference Room, 14`h Floor, County City Building, South Bend. h~diana, for the purposes specified in LC. 5-14-1.5-6.1 (b) (2) (B) and (b) (6) (A). Board Members Juanita Dempsey, Donald Alford and Patrick Cottrell were present. President Jesusa Rodriguez was not present. Also present were Police Chief Thomas H. Fautz, Fire Chief Luther l a~ for and Board 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 9:05 a.m. BOARD OF PUBLIC SAFETY Je sa odriguez, Presiden Donald L. Alford, A 1 T~~ ~ ~ I~~ ~~ Au~ela R. ,loco ,Clerk =~ REGULAR MEETING APRIL 12, 2006 The Bard of Public Safety met in the regular meeting at 9:07 a.m. on Wednesday, April 12, 2006, 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. In addition, Attorney Joseph Simeri was present. l~h: ni,e,in~, ~~as held in the Board of Public Works Meeting Room, 13`x' Floor, County-City Building, South Bend, Indiana. APPRO~'t; MINUTES OF PREVIOUS MEETINGS ~1r.:1lford advised that if there were no objections by members of the Board, the minutes of the Public Agenda Session, Executive Session, and Regular and Special meetings of the Board held on March 22 and March 29, 2006 would be accepted and approved. Ms. Dempsey made a motion that the minutes be accepted. Mr. Cottrell seconded the motion which carried. ADOPT RESOLUTION NO. 21-2006 - ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISSION OF SERVICES TO AN ANNEXATION ~Rl~:~~ I~ CLAY 7~OVt'NSI~~IIP (JOIiN ROY ANNEXATION AREA) Mr. Marco Mariani, Community and Economic Development, was present and stated this is a voluntary annexation. Mr. Marco Mariani, Community and Economic Development, was present and stated the annexation meets the requirements of State law. This is a 0.77 acre area near Clover Kid~~c and I~urtle Creel< and is zoned residential. It is in District 4 and will be covered byPolice Beat ~ i an~i I ire Station No. 3. Upon a motion made by Ms. Dempsey, seconded by Mr. Cottrell and carried. the Resolution was approved and adopted. RESOLUTION N0.21-2006 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP (JOHN ROYANNEXATION AREA) ~xfanita Dempsey, Member /J e v Patrick D. Cottrell, Member 1 1 r.. _ ~_ ~ . REGULAR MEETING APRIL 12, 2006 ~~'HF.REAS. 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 oI- real estate located in Clay Township, St. Joseph County, Indiana, which is more particularly described at Page 14 of Exhibit "A" attached hereto; and WHEREAS, the territory proposed to be annexed encompasses approximately .77 ' .;~r~~ ;.f ~;tcant, unimproved land, which property is at least 12.5% contiguous to the current City limits. i.e., approximately 18% contiguous, generally located to the east of Willis Avenue approximately 440' north of Vaness Street. It is anticipated that the annexation area will be !lnveloped 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 ~;tabl ish a drfinitc policy showing: (1) the cost estimates ofpolice and fire protection to be furnished to the territory to be annexed; (2) the method (s) of financing those services; (3) the plan for the organization and extension of those services; (4) that those services will be provided to the annexed area within one ~1) year alter 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 (5) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation. NOW, THEREFORE, BE 1"f RESOLVED BY THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: 'Section 1. It is in the best interest of the City of South Bend and the area proposed to be ' annexed that the real property described more particularly at Page 14 of Exhibit "A" attached hereto Section Il. It shall be and hereby is now declared and established that it is the policy of the ity 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 topography, patterns of land use, or population density and in a manner consistent with federal, state and local laws, procedures, and planning criteria. h~ annexed to the City of South Bend Section III. 'I he Board of Public Safety shall and does hereby now establish and adopt the Fiscal flan, 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 ,gin ire, to rile territory to be annexed. Adopted 12`x' day of April, 2006. BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA s/Juanita Dempsey s/Donald Alford ' s/Patrick Cottrell Attest: s/Angela Jacob, Clerk FIRE DEPARTMENT APPROVE PROMOTION - DARRELL EILER '..:,': ;!:; ;, the i3;,tu d- Chief Taylor requested that the above firefighter be promoted to the rank of Engineer. effective April 1.2006. Firefighter Eller was reinstated by the Board on March I, 2006 and has successfully completed his thirty (30) days as referenced in Resolution 03-2006. Chief r •• ._.. REGiJT,AR MEFT_ING ~ ~ APRIL 12, 2006 l aylor noted Mr. Filer was an excellent firefighter. Upon a motion made by Ms. Dempsey, seconded by Mr. Cottrell and carried, the promotion was approved. l'I I:_AKC;I~: U6-01 --GALE EVANS t~Ir. Alford stated Charge 06-01 will be continued to the Special Meeting which will be held on April 20, 2006, at 8:30 a.m. in the meeting room on the 13`x' floor of the County-City Building. POT.TCI? DF,PARTMENT ~PPRO~'li PROMOTIONS - I,RANK BEIGELBECK - NE1L GIZABER - .IAYSON MCNICHOLAS - ANllREW NOWAK - SHELllON SCOT"1 In a later to the Buard, Chief Thomas Fautz requested that the above officers be promoted to the rank of Corporal, effective Apri121, 2006. The officers have successfully completed three (3) years of service with the South Bend Police Department. Upon a motion made by Ms. Dempsey, seconded h~,~'~~1r. C<~tu•cll and carried, the promotions were approved. CHARGE 06-02 -JOSEPH MUSZER 1 FACTUAL ALLEGATIONS On T'ebruar~ 20, 2006, Cpl. Joseph Muster, an officer in the South Bend Police Department, while cuff duty and driving a police vehicle owned by the City of South Bend, drove that vehicle to the intersection of Miami and Ireland Streets, South Bend, Indiana, while intoxicated. At that time Cpl. Muster exited the vehicle and urinated next to the vehicle. As a result of his actions Cpl. Muster ~~~:~~ rh;ir~~cd ~~ith and pled guilty and was found guilty of operating a vehicle while intoxicated, a Class C Misdemeanor in Cause No. 71D01-0602-CM-01486 in the St. Joseph Superior Court on March 20, 2006. The conduct of Cpl. Joseph Muszerviolated LC. 36-8-3-4(b)(2)(B) and (H) because his conduct was unbecoming a police officer and he violated Rules 301.06, 302.00(A)(1)(2) and (3), and Section 441.00(1) and (8) of the South Bend Police Department Duty Manual. COt_tNT TI The conviction of Cpl. Joseph Muster in Cause No. 71D01-0602-CM-01486, St. Joseph Superior Court on March 20, 2006 is a violation of LC. 36-8-3-4(b)(1). l_ h iet 1, autz recommended that he be suspended from duty without pay for twenty (20) calendar days and be demoted to Patrolman for a period of six (6) months to begin immediately. In addition, Chief Fautz will also impose a two year loss of his take-home vehicle which will be reduced to one (1) y-car after successful completion of an Alcohol Program. This loss of his take-home car privileges will begin immediately. I he Board instructed the Clerk to serve the appropriate paperwork to Mr. Muster. 1 r .u: 1 1 1 REGULAR MEETING APRIL 12, 2006 ADJOURNMENT There being no further business to come before the Board, President Rodriguez declared the meeting aajuunic~l ut I:1~ a.m. -BOARD OF PUBL~FETY J~sa Rodriguez; Presid A E T: f An ela K. J ob Clerlkc~/~~ g Donald L. Alford, ~anita Dempsey, Membef 0 !~ ~~~ Patrick D.D. Cottrel'1, Member