06-24-02 Joint Committee Meeting Health & Public Safety and Residential Neighborhoods

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Joint Meeting of the Health &Public Safety Committee and the Residential Neighborhoods Committee June 24, 2002 Page 2 and support as well as the Council Attorney,and the South Bend Tribune for not only attending all of the meetings and conferences, but also for making the public aware of such meetings and conferences. As a result of these ongoing opportunities for discussion, the public and the City has been informed,educated and included in the overall process. Council Member King stated that the first time he was contacted that it was not from a little old lady, but from a home builder. The home builder showed an area on a map where he wanted to build fourteen (14) homes. The builder stated "I cannot build there because of bunch of kids own that corner". Complaints and related problems from others were then forthcoming. Council Member King stated that the "broken windows"doctrine that if something is creating disorder and if nothing is done about it, it will continue to grow, applies to the problems and concerns which have been shared with both Council Member Pfeifer and himself. Council Member King stressed that the City must pay attention to the things that disturb and which create ill feelings and concern on a day in and day out basis. He noted that Council Member Pfeifer and the Council Attorney have worked to provide many opportunities for not only public officials, but especially the public to be involved with the process to make sure that good and workable regulations which are enforceable could be discussed openly. The Council Attorney noted that neighborhood prosecutors also have been involved in the process by attending the loitering conferences as well as many of the neighborhood partnership center meetings. She then highlighted portions of a Memorandum dated June 24, 2002 (copy attached). She noted for the record that on page 1 of the Memorandum that the dates"February 15, 1999 and February 24, 1999" should be added with the notation "Joint Meeting of the Health & Public Safety Committee and the Residential Neighborhoods Committee addressing loitering, etc " with copies of those minutes. The overall public process has taken place since 1998 with good working relationships between the cities of Seattle and Chicago being established. The proposed ordinance includes the best of regulations from Seattle, Chicago, New York and Philadelphia. The South Bend ordinance would focus on five (5) major items: 1. Establishing control over identifiable enforcement areas or so called drug and gang"hot spots" can be taken back by the neighborhoods and once again enjoyed; 2. Deterring and preventing intimidation of law abiding citizens; 3. Focusing on harmful purposes and/or effects of gang loitering and narcotics-related loitering as defined in the ordinances;4. Addressing the concealment of illegal activities which are often drug related and result in secondary negative effects such as vandalism, violence and intimidation; and 5. Focuses on law enforcement giving notice as to what conduct is illegal. The Council Attorney noted that the proposed ordinance follows the guidelines provided by the US Supreme Court in the Morales decision very closely, as well as the provisions of the Cook County decision in Perez decision. She further noted that she has had ongoing contact with Mr. Larry Rosenthal, the Chicago General Counsel who argued the Morales decision and who was one of the speakers at the 2nd loitering conference. As a result of those discussions, the City of Chicago has shared valuable information with the City of South Bend which has been provided to the Council and Chief Bennett over the past several weeks(copies attached). She also added to the record copies of the handouts provided at the April 23, 1999 and August 6, 1999 loitering conferences. The Council Attorney noted that she just received the letter from the City Attorney (copy attached) and agrees with the friendly amendment proposed for § 13-3(c) and § 13-4(c) where the words "subject to arrest" would be changed to "subject to penalties". She further noted that she would work with the Legal Department on the issues of who should ultimately designated the"hot spots", and would discuss their concerns on the proposed community service aspect of the proposed ordinance.The Council Attorney then showed approximately ten(10) minutes of a City of Chicago Police Training video(copy included with Joint Committee minutes) on the role of police as a Joint