SUMMARY MINUTES OF A WORK SESSION
OF THE CHAPEL HILL TOWN COUNCIL
MONDAY, NOVEMBER 4, 2002, AT 7:00 P.M.
Mayor Kevin Foy called the meeting to order at 7:00 p.m.
Council members present were Flicka Bateman, Pat Evans, Ed Harrison, Mark Kleinschmidt, Bill Strom, Dorothy Verkerk, Jim Ward, and Edith Wiggins.
Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Assistant to the Manager Bill Stockard, Police Chief Gregg Jarvies, Police Major Tony Oakley, Crisis Intervention Unit Officer Jim Huegerich, Police Analyst Jane Cousins, Police Legal Advisor Terrie Gale, Police Captain Everett Johnson, Police Captain Bob Overton, Police Administrative Analyst Valerie Foushee, Fire Chief Dan Jones, and Acting Town Clerk Sandy Cook.
Item 1—Public Safety and Downtown Issues
Mayor Foy explained that the Council had requested this meeting to discuss deployment of Police resources, specifically to the Downtown area.
Town Manager Cal Horton noted the key role that Chief Gregg Jarvies and the Police Department staff had played in conducting and managing the recent Halloween event in downtown Chapel Hill. Mr. Horton also expressed appreciation to Fire Chief Dan Jones and the Fire Department, Public Works Director Bruce Heflin and his staff, the EMS units, and 16 other police agencies.
Chief Jarvies introduced his staff and gave a broad overview of the Department's organizational structure. He said that 113 sworn positions had been allocated to the Department and that 58 of them handle 24,000-26,000 calls for service per year. He pointed out that the Department was short 11 positions and those had been taken out of the Patrol Division. Chief Jarvies reported that the police force in Northside, the downtown, and for traffic enforcement had not been reduced in two years. Shortages are in the uniformed patrol division, he said, and in the calls for service, most of which go through the 911center in Orange County.
Chief Jarvies reported that calls for service had remained consistent over the last few years. The total number of major crimes last year was 2,722, he said, and the largest group was larceny, at 1,873 in 2001-2002. Chief Jarvies then listed the Department's primary focus areas, pointing out that they were in no particular order:
· Street-level Drug Dealing and Associated Crime
· Crimes against Persons
· Property Crimes
· Traffic Enforcement
· Community Quality of Life Issues
With a limited number of resources, Chief Jarvies said, the Department must prioritize within those focus areas, using the following five criteria:
1. Actual Threat Level to the Community
2. Severity of Consequences of the Acts
3. Impact on Perception of Community Safety
4. Impact on Quality of Life
5. Volume of Service Requests
Chief Jarvies noted that specific drug enforcement issues had been raised at a recent Council meeting. The majority of those issues, he said, were related to drug dealing and selling in the residential areas west of Columbia Street and the Downtown area. Because of the impact on residents and merchants in those areas, he said, the Department had funneled its limited resources there. He reported that the Department had formed a task force to deal with drug issues in Northside, and had arrested 338 people in the last fiscal year. Chief Jarvies noted, however, that people typically get out of jail on bond the same night or the morning after they are arrested.
Chief Jarvies stated that the Department has had some success with placing geographic restrictions on drug violators. Police had been very involved with the residents of Northside, had helped to rehabilitate some of the housing there, and had reached out to youth in the community, he said. He stated that they had created the foundation to make some long-term improvements, with the help of residents in that area.
Chief Jarvies noted that the Department balances crime enforcement and prevention by working with merchants and residents and reaching out to the community. He said that Chapel Hill's crime rate was being kept in check, compared to national statistics, and noted that crime rates are higher in Durham and Raleigh. Chief Jarvies said that factors such as the environment, the economy, and State budget cuts—particularly those that affect mental health—were beyond the Department's control. He predicted that budget cutbacks at the State level would continue to affect crime and the quality of life in Chapel Hill.
Regarding traffic enforcement, Chief Jarvies said that the Department probably would write about 4,000 citations this year, an increase of 10% over last year. Arrests for DWI were up 23%, he said, and accident rates were down by 8% over last year. Chief Jarvies pointed out that there were four traffic enforcement officers, adding that this was the same as when the Unit was established three years ago. These officers concentrate on daytime traffic enforcement, he explained, and patrol officers handle DWI offenses at night. Chief Jarvies displayed a map showing that most accidents occur on Franklin Street and on Highway 15-501 even though most requests for enforcement come from residential and low-speed areas.
Chief Jarvies explained that the Department provides two foot officers to the Downtown during the day and two more at night. The daytime officers are full-time, he said, while the evening officers are taken on a rotating basis from patrol shifts. In addition, Chief Jarvies said, security officers and others work during their off time for Downtown merchants. Those officers essentially "baby sit" the clubs and bars on weekend nights, he said, particularly in the early morning hours. Chief Jarvies noted that having to police the clubs had interfered with the patrol of other Downtown areas. He said that he had been working with bar owners and many were now hiring off-duty officers. Some bar and club owners do not seem to share the desire to make the Town a nicer place, said Chief Jarvies. He remarked that he had let them know that their businesses were creating a nuisance.
Chief Jarvies described panhandling as a continuing and frustrating problem, both Downtown and on roadways. The Department continues to receive complaint letters and calls from citizens, he said, even though they have worked hard to identify panhandlers and to put them in touch with appropriate services. Noting that panhandling is not illegal—unless it is done near an ATM or the panhandler is intoxicated—he stated that some type of regulation was necessary. Increased enforcement or police presence would not mitigate the problem, he said.
Chief Jarvies explained that about 57% of the Department's resources went toward responding to calls for service. He pointed out that the Department's administrative staff is at the same level as it was ten years ago. He moved three officers inside to fill new positions, he said, but the Department has not added a position to its investigative staff in seven years. Chief Jarvies explained the difficulty of getting applicants and said that the Department has carried an 11% vacancy rate for two years. He noted that many leave or do not accept positions with the Town because they can make more money somewhere else. Chief Jarvies displayed a chart showing that Chapel Hill pays less than any of the eleven surrounding jurisdictions, including UNC. He described the relatively low salary as one—if not the most—significant issue affecting the Town's recruitment and retention rates. Chief Jarvies said that he did not expect to fill any of the vacancies until after January and that he expects the Town will carry this vacancy rate for some time.
Chief Jarvies displayed a chart showing that the Town's number of officers per 1,000 population was consistent with surrounding jurisdictions. He said that the basic first year cost of a new officer was $47,000, which includes salary, training, and equipment. Getting back to full staffing was the Department's most critical issue, Chief Jarvies said. The Department plans to be more aggressive in recruiting, he said, but he pointed out that candidates no longer consider Chapel Hill a great place to work. More technology and better training facilities would make the Town more attractive, Chief Jarvies said, noting that Chapel Hill's officers must go to Liberty, NC to shoot and to Burlington, NC for driving training.
Mayor Foy complemented Chief Jarvies on his aggressive efforts to get grants to upgrade technology. He then asked for a comment about the surroundings in which the Police Department works. Chief Jarvies explained that "the running water that we have is coming out of our faucets, and that's a great improvement over what we used to have." Chief Jarvies noted that Chapel Hill was the only police department in North Carolina that “had a tropical forest in its building." He explained that the new air conditioning system was in place, flooring and walls had been replaced, and there were only a few remaining leaks. Chief Jarvies noted that phase two would replace water-damaged carpets and make other cosmetic improvements in the lobby. He said that he had requested funding for a training facility and additional space for upgrades to the security system.
Council Member Verkerk expressed concern about recruitment and retention levels. She wondered if offering benefits such as childcare and/or admission to the Town's schools might help attract and retain officers. Council Member Verkerk pointed out that the Chapel Hill/Carrboro educational system was one of the top ten in the country. Mr. Horton replied that this was something the Town could explore, adding that it might be of value to other employees as well.
Council Member Wiggins inquired about the cost of out-of-district tuition for Chapel Hill's schools. The response from someone in the audience was that this is no longer offered, except for those working in the school system.
Council Member Kleinschmidt determined that this was a district policy.
Council Member Bateman said that the policy was the result of schools having been overcrowded. Chief Jarvies commented that daycare and healthcare were particular issues for his employees. Rotating shifts make it difficult to pick children up at 5:30 p.m., he pointed out, and it is hard to find daycare on Christmas day.
Mayor Foy ascertained that the Manager would look into opportunities for working with the school system on some kind of a waiver for police officers.
Council Member Kleinschmidt inquired about a mechanism for locking officers in for a certain number of years. Chief Jarvies replied that Carrboro had tried having recruits sign a contract. That had been difficult to enforce, he said, adding that the contract can leave the Department with officers it does not want. It has been shown nationally, he said, that most officers who get out of law enforcement do so in the first to seventh year. It must be attractive for them in terms of career opportunities within the Department, he said, adding that he tries to give officers opportunities besides patrolling.
Council Member Kleinschmidt asked if the average salary reflected the turnover of beginning officers. Or, was the entire salary ladder not in pace with other jurisdictions, he asked. Chief Jarvies explained that the chart had compared one classification of actual officers' salaries within the first year to 18 months. It was not an average of every position, vacant or full, he said.
Council Member Wiggins asked Chief Jarvies to explain the procedure for crowd control and alcohol violations on weekends when, for example, a disruptive party of 300-400 people spills into the street and neighbors have asked for assistance. Chief Jarvies replied that they would take as many officers as they could and form a perimeter around the crowd and then look at violations. Typically, they start asking for IDs, he said, which causes people to disperse fairly quickly. They also look for the party's host regarding noise violations, he said. And they look for violations such as trespassing and standing in the public right-of-way. Typically, they do not move into the party to break it up because that is not safe for the officers, he said. Chief Jarvies said they usually have to go back again, noting that enforcement becomes more aggressive with each trip.
Council Member Wiggins inquired about fraternity parties. Chief Jarvies explained that those had somewhat dissipated since the fraternities renovated their buildings. They fear losing liability coverage, he said, so they rent bars and clubs for large parties. There are certain houses in the community, however, which are not affiliated with any particular organization and they often host open parties, he said.
Council Member Wiggins stated that the "quality of life" issue was not being solved in communities such as Northside. She said that residents call her at 2:00 a.m. and ask her to come and see what is going on in the street near their homes. She wondered if she could have a police escort to the area the next time she gets such a call. Chief Jarvies replied that she could.
Council Member Wiggins asked if the Department could get a search warrant to go into the houses and look for drugs, since the behavior inside the house causes the disruption outside. Chief Jarvies explained that officers could not go into the house without the consent of the owner unless there were some exigent circumstances.
Council Member Ward asked Chief Jarvies if benefits had been included in the comparison of salaries. Chief Jarvies replied that the Town was in the process of determining how its benefits package compared to other communities.
Council Member Ward inquired about the limits of safety officers' and reserve officers' authority. Chief Jarvies explained that reserve officers had full authority and that security officers do not but are equipped to call in and describe what they are witnessing. Council Member Ward ascertained that a safety officer's observation of panhandling was adequate to get a citation.
Council Member Ward asked how Chief Jarvies would characterize the court's follow-up system. Chief Jarvies replied that the courts were limited on misdemeanor and minor issues. If they do arrest, he said, the person is typically back on the street the next day. He reported that the Department had tried to convince the District Attorney and local judges that these are not minor issues when the same people keep doing them. The Department is making limited progress with this, he said, adding that they were making more progress on larger issues. Chief Jarvies noted that Chapel Hill's average citizens were more affected by quality of life issues, such as panhandling, than by major crimes.
Council Member Verkerk asked for a definition of "clearance rate." Chief Jarvies replied that it is a factor of cases resolved.
Council Member Bateman expressed disappointment that the Police Chief had not thought that having more officers Downtown would help relieve the panhandling problem. That can become a self-fulfilling prophesy, she said, whereby officers will not do a good job "if they don't hear it from the top" that a good job is expected. She asked Chief Jarvies to elaborate on the Department's outreach to youth in the area west of Columbia Street. Chief Jarvies replied that there was an officer assigned to the after school and summer programs at the Hargraves Community Center and the Sykes Street Steering Committee. Another officer had been assigned as coordinator of the Neighborhood Youth Initiative, he said, which just held its first community-wide event. Chief Jarvies pointed out that school resource officers do outreach work in the area as well.
Council Member Bateman inquired about recruitment of minorities. Chief Jarvies explained there were about 22% African-American officers. That rate is higher than in most other communities, he said, noting that he had been interacting with local ministers and congregations on this. The Department had also tried recruiting from high schools, he said, but they lose people between the ages of 18-21, when they could actually be certified. He explained that a candidate from a federal program would begin in December. The Town had hired three minority employees who were retired from the military, he said, noting that the military also provides a good base of Latino recruits. Chief Jarvies explained that the Department had a standing invitation to set up a recruitment booth at any of the local military bases. And they have been working with a psychologist for ideas on how to become more attractive to minority candidates, he said.
Council Member Strom noted that, due to State budget cuts and the Town's proximity to UNC, Chapel Hill will be faced with more and more mentally ill people over the next few years. He asked Chief Jarvies how this would impact the Police Department. Chief Jarvies replied that it will impact everything from the type of employee they want to hire to their ability to provide crisis services. He noted that this is a difficult problem because the Department cannot legally force anyone to enter a treatment program.
Referring to Chief Jarvies' June proposal on panhandling, Council Member Strom asked how things had changed since then. Chief Jarvies replied that the Department had retrained officers, done an undercover operation, conducted a major initiative to identify homeless camps, and had sent crisis counselors and others out to those camps. He said they had made sure that officers and security monitors were watching for violations. In response to Council Member Bateman's previous comment, Chief Jarvies explained that having more officers Downtown would only "move the problem," and probably reduce the aggressiveness "but we'd still have the same number of panhandlers," he said.
Council Member Strom said that he had noticed groups of security monitors moving around Franklin Street together. He asked if this was a deliberate strategy or if they were supposed to spread out. Chief Jarvies replied that it was not a strategy and that it was frustrating trying to get them to do what they were being paid to do. The Department had recently released several security monitors for that reason, he said, and was working hard on trying to change it.
Council Member Strom noted that being down 12 officers for two years means almost $1 million in salaries not spent. He inquired about where the money had gone. If crime is down, he asked, how does the Department justify those positions and what steps has it taken to supplement patrols? Chief Jarvies pointed out that the 30% decrease in crime could easily be up 30% next quarter. Of the eleven vacancies, he said, three were not funded and the other eight were vacant because of resignations and retirement.
Chief Jarvies explained that patrol teams had been shortened and that the Department works with fewer officers and spends less time patrolling neighborhoods. They are responding to more calls, he said, which equates to a drop in officers to respond to calls. Noting that the State was mandating 30 more hours of instruction time, Chief Jarvies pointed out that this means taking officers and instructors off the streets. He said that some of the extra money had helped them get through tight times by supplementing extra duties, such as the seventy or so special events last year. The rest of the salary money had essentially gone into the General Fund, he said, and the Department had returned significant dollars over the last three years.
Council Member Strom asked if the Chief had considered dropping a couple of positions and spreading the money around to increase salaries. Chief Jarvies replied that he would not recommend reducing levels because that would affect officer safety. He wants a full time bike squad, he said, and two more foot officers assigned to Downtown.
Mayor pro tem Evans asked if the vacancy rate was a new phenomenon. Chief Jarvies replied that the 10-12% vacancy rate had been consistent over the last three years. The new system requires that sworn officers be hired from another police department, he said, rather than training a class of eight recruits as the Department had previously done.
Mayor pro tem Evans expressed disappointment over how far below other jurisdictions the Town's starting salaries had fallen. She noted that Hillsborough pays more and has twice as many officers as Chapel Hill. Mayor pro tem Evans pointed out that one of the concerns of Northside residents is that those who are arrested are back on the street the next day. She asked if the UNC Police had provided a presence in the Downtown, since it is adjacent to the University and therefore under its jurisdiction as well. Chief Jarvies replied that UNC had in the past but does not do so now. He agreed that UNC does, by statute, have the right to take action on property adjacent to the campus. Mayor pro tem Evans suggested that this be explored as a way to increase Downtown foot patrol.
Mayor pro tem Evans stated that some businesses had left the Downtown because women working there were no longer comfortable on Franklin Street. Some parents resist having their children come here for college, she said, because of the panhandling problem. Mayor pro tem Evans said that she increasingly hears from women who do not want to go Downtown because they are uncomfortable there. She stated that a friend of hers had been approached by panhandlers six times while walking less than a half block on Franklin Street at noon. UNC's housemothers were advising girls not to go Downtown during the day or at night, she said.
Mayor pro tem Evans pointed out that panhandling was not allowed in Carrboro. Merchants there tell panhandlers to go away and the police support them on this, she said. Remarking that other communities throughout the country had banned panhandling, she wondered if Chapel Hill could look into the legality of doing so at night. She said that she had pointed out a man sleeping on a street bench to a security monitor who had replied that it was not illegal. But Town Code Chapter 17, Section 17 says it is illegal, she pointed out. Mayor pro tem Evans said that she had concerns about a range of things in the Downtown area, adding that this was one that she wanted addressed.
Chief Jarvies replied that Chapel Hill has a great Downtown and that he treasures keeping it that way. The Department would continue working to make sure that security monitors are up to date, he said, and they will continue to do everything they can to keep Downtown "the drawing card for this community." Mayor pro tem Evans stated that she had been trying to give a sense of why some people she talks to are afraid to come Downtown. She then determined from Town Attorney Ralph Karpinos that the revenue from criminal traffic violations goes to the counties for the benefit of the public schools, not to the Police Department.
Council Member Harrison asked Chief Jarvies what the Department could accomplish regarding traffic beyond what it is already doing. Chief Jarvies replied that technology can now map accident trends and better predict where traffic and patrol officers should be positioned. Council Member Harrison inquired about radar units, and Chief Jarvies said that they slow drivers down temporarily and are meant to be a reminder. Council Member Harrison asked if there was a way for citizens to find out specifics regarding accidents. Chief Jarvies said that the State tracks engineering factors and one can find driver factors by looking at any of the reports on file. Council Member Harrison asked what would help improve enforcement on State roads. Chief Jarvies replied that the key was being able to better use technology and the time they have. If the issue is accident reduction, he said, being able to analyze what factors lead to accidents would help. If the issue is DWI arrests, he said, then cameras in some of the cars help the conviction rate and speed up the trial.
Council Member Wiggins inquired about the Town's new relationship with UNC's Campus Police. Chief Jarvies said that the relationship was good and that the Department was being notified of Campus Police activities on a quarterly basis. Last quarter there were four investigations in which Campus Police had exercised their extraterritorial jurisdiction, he said.
Mayor Foy stated that it appeared to be possible to have certain limitations on panhandling at intersections and after dark. Noting that a panhandler had been injured at the intersection of Highway 15-501 and Ephesus Church Road, he pointed out that this raises a safety issue. Mayor Foy remarked that panhandling in the Downtown area seems more intimidating after dark. Chief Jarvies pointed out that several communities, including Raleigh, had banned nighttime panhandling. That had been very effective, he said, adding that it is a tool that would help, particularly with aggressive panhandling. Mayor Foy noted that there was also the option of allowing panhandling in specific areas, or beside a sign, but not allowing panhandlers to approach people.
Council Member Kleinschmidt asked the staff to bring back information about the time of day during which the last six arrests for panhandling had occurred. He said that he had done some personal undercover observations on Franklin Street and had concluded that panhandling was not intimidating there. People were not threatened by it, he said, adding that he had not witnessed anything remotely close to assault of anyone.
Council Member Kleinschmidt said that he did not doubt that some people had experienced fear. But fear is not a reasonable reaction to what is going on, he said. He noted that Carrboro does not have the foot traffic that Chapel Hill does, except near private property, and argued that no one would ask for spare change there. Council Member Kleinschmidt disagreed that there was evidence of a problem so large that it required a new policy, but did agree that security monitors should be educated about panhandling regulations. This issue is like many others, Council Member Kleinschmidt said, in which the ones having the visceral response are the ones speaking out. But there are thousands of people having a good time on that street and who are not sending emails saying that panhandlers are harassing them, he said.
Chief Jarvies pointed out that security monitors are not armed, have no enforcement powers, and are instructed not to interact. They are there to observe and call in, he said, so they typically would not wake a person on a bench and tell them to move."
Council Member Verkerk interjected that the new 1% for art benches had been installed Downtown.
Council Member Ward determined that panhandling was allowed at intersections and medians as long as the person is not intoxicated and does not interfere with traffic flow, and he suggested changing that "unsafe situation." Regarding the interaction with campus police, he asked for greater clarification on where boundaries overlap. Chief Jarvies replied that there was not a lot of overlap. The campus police do not take action on Town streets, except for extremely serious violations, he said, and the Town does not patrol Cameron Avenue through the middle of campus or run radar on Manning Drive. There is a fairly clear line, he said, especially for the campus police, who have a written directive as to where they can write citations.
Council Member Ward asked if new Downtown lighting would affect perceptions of events at night. Chief Jarvies replied that it would make a significant difference. Regarding litter on the roads, Council Member Ward asked whether the Police Department interacted with Public Works and/or received help from community service workers through the courts. Chief Jarvies replied that community service workers help with right-of-way cleanups and that the Public Works Department assists with large debris that falls off trucks and with front yards that are trashed on Sunday morning. Police Officers also rip open trash bags to try and find out who has dumped them in alleyways, he said. Council Member Ward commented that people panhandle because "the hourly wage is decent" and recommended public education to dry up the source. Chief Jarvies agreed, adding that the Department had been promoting not giving and encouraging panhandlers instead to go to soup kitchens. But people continue to give, he said.
Mayor Foy noted that the Manager would respond at a later date to the requests for information. He asked if Council members wanted anything to come back for a decision on panhandling at medians.
Council Member Harrison recommended looking at Durham's ongoing but unsuccessful efforts to do that.
Council members agreed by consensus to bring the item back. Council members also agreed to bring other panhandling restrictions, such as restrictions after dark, back with options for discussion.
Council Member Wiggins asked that the options include a more intense education program for not donating. Council Member Kleinschmidt underscored that.
Council Member Strom asked for information on how many calls to officers the civilian patrol actually makes related to perceived dangers Downtown. He said that he was looking for a general sense of how security monitors and police interact. Council Member Kleinschmidt asked Chief Jarvies to isolate those interactions that were related to panhandling.
Council Member Bateman determined that the permit issue was not part of what was coming back because she did not want to see that again.
Council Member Ward asked for raw numbers rather than percentage increases.
Council Member Kleinschmidt requested a per capita look at changes, since the population of Chapel Hill has expanded so much. Mr. Horton said that an update of the Town's crime index report should be out in a few weeks.
The meeting adjourned at 9:14 p.m.