City May Ban Booze At Center Lake Pavilion
July 28, 2016 at 4:25 p.m.
By Jennifer [email protected]
The alcohol ban will be on the city council's agenda Oct. 6.
The ban results from a series of incidents where the Center Lake Pavilion was damaged during events where alcohol was present.
In March, damage was done to the pavilion's interior.[[In-content Ad]]The group renting the pavilion did not receive their security deposit back and the park board in April decided to file a lawsuit against the responsible group. A letter sent to the group stated the group had until May 9 to pay $667.50 in damages or the lawsuit would be filed. The damages were paid.
Other incidents of damage to the pavilion were reported at other events this summer.
At a May meeting, the park board held a public meeting to discuss alcohol at the pavilion. The board discussed adding a clause in the pavilion lease agreement about alcohol usage at events in the pavilion and possibly prohibiting alcohol.
During the Aug. 20 meeting, according to a Times-Union story, the board "approved a $525 increase for a damage deposit fee for all events when alcohol is at Center Lake Pavilion. The board also approved requiring those who rent the pavilion to hire an off-duty officer when alcohol is present."
Warsaw City Councilman Kyle Babcock, who only serves as a council representative to the park board, told the park board that on Aug. 30, he saw a party at the pavilion where alcohol was present. He said he was disturbed by that because he thought that the board decided if alcohol is present, a police officer must be hired. He also read about it twice in the paper. He asked the park board what the deal was. He suggested the park board should tape record their meetings.
Park Board President Bill Baldwin said the board never voted on the lease agreement. The board threw it over to attorney Mike Valentine to draft an agreement. Tammy Dalton, board member, agreed, saying nothing was ever voted on. Parks Superintendent Jon Garber said police officers were never required.
Earlier in the meeting, Garber said they have a proposed revised pavilion rental agreement. He recommended they look into requiring a damage bond for events with alcohol, and whether or not to have police officers at the events that work for the city rather than the renters.
Valentine said he checked into the bond issue with Hall & Marose and found out that the insurance agency could not underwrite a bond for the events.
Valentine also said police officers' authority to enforce park rules comes under the fact that they are police, and the park board has rules that give them authority to enforce the park rules.
"When a private person hires them, I don't know who they are working for," said Valentine.
He said he didn't think there was anything keeping the park board from working with the police to charge renters for police officers but for the renters to pay for the police through the park department.
Mayor Ernie Wiggins said the police department falls under the general fund. The park department is under a different fund. Money paid to the parks has no way to get over to the general fund to pay officers for overtime.
Garber said he did some research. For 2009 already, the park department has six signed leases where deposits have been paid. One plans to have alcohol served, four have no plans for alcohol and one is uncertain. He also said they have about 16 leases not signed yet, with about four requesting alcohol.
Warsaw Police Dept. Chief Perry Hunter said his officers don't work in bars or taverns. If a renter complies with the proposed lease agreement, he said there shouldn't be much of a problem. The question is who would pay for the officer. Hunter said he only puts in so much overtime for officers in his budget. If there are parties at the pavilion with three to four officers, that will add more overtime.
In his opinion, Hunter said they should do away with alcohol, and there wouldn't be a need for police officers. If the renters have alcohol anyway, Hunter said, it becomes an enforcement issue where officers can do impromptu checks and arrest offenders.
Toby Sumpter said it seemed like the park board is jumping through so many hoops, maybe it was best to ban alcohol, but she hated to do that.
Dalton agreed, saying it would be punishing people who were respectful.
"Banning the alcohol will not solve the problem because they'll bring it in," said Babcock.
Hunter said if the park board banned alcohol today, "which I think is great," the city ordinances would have to be changed to back the ban up. Police then can enforce the ban year-round.
Wiggins said the issue is still a city council decision because it requires a city ordinance. He said it does bother him they will be punishing some of the other people who don't cause problems, but if they want to enforce it, it has to be enforced uniformly.
Baldwin said there are some leases out now that the park board will have to honor.
Steve Haines, board member, made the motion to ban alcohol. "We recommend to the city council that we ban alcohol on all park property except campgrounds, effective Jan. 1, 2009," he said.
It was unanimously approved.
Wiggins then told the board he thinks they still need to have a higher damage deposit than $225. He said they should make it known that if there is alcohol at a pavilion event, they forfeit their deposit.
Dalton made a motion to keep the damage deposit at $750, and it was unanimously approved.
Parks Director Larry Plummer asked if they see alcohol at a pavilion event, do they stop the party or let it continue.
Babcock said they should pull the plug. John Sadler, board member, said it should end immediately.
Wiggins told the board they could not approve a new lease agreement until the city council approves the ban. If the council doesn't approve the ban, the park board may be back to square one on the issue.
The alcohol ban will be on the city council's agenda Oct. 6.
The ban results from a series of incidents where the Center Lake Pavilion was damaged during events where alcohol was present.
In March, damage was done to the pavilion's interior.[[In-content Ad]]The group renting the pavilion did not receive their security deposit back and the park board in April decided to file a lawsuit against the responsible group. A letter sent to the group stated the group had until May 9 to pay $667.50 in damages or the lawsuit would be filed. The damages were paid.
Other incidents of damage to the pavilion were reported at other events this summer.
At a May meeting, the park board held a public meeting to discuss alcohol at the pavilion. The board discussed adding a clause in the pavilion lease agreement about alcohol usage at events in the pavilion and possibly prohibiting alcohol.
During the Aug. 20 meeting, according to a Times-Union story, the board "approved a $525 increase for a damage deposit fee for all events when alcohol is at Center Lake Pavilion. The board also approved requiring those who rent the pavilion to hire an off-duty officer when alcohol is present."
Warsaw City Councilman Kyle Babcock, who only serves as a council representative to the park board, told the park board that on Aug. 30, he saw a party at the pavilion where alcohol was present. He said he was disturbed by that because he thought that the board decided if alcohol is present, a police officer must be hired. He also read about it twice in the paper. He asked the park board what the deal was. He suggested the park board should tape record their meetings.
Park Board President Bill Baldwin said the board never voted on the lease agreement. The board threw it over to attorney Mike Valentine to draft an agreement. Tammy Dalton, board member, agreed, saying nothing was ever voted on. Parks Superintendent Jon Garber said police officers were never required.
Earlier in the meeting, Garber said they have a proposed revised pavilion rental agreement. He recommended they look into requiring a damage bond for events with alcohol, and whether or not to have police officers at the events that work for the city rather than the renters.
Valentine said he checked into the bond issue with Hall & Marose and found out that the insurance agency could not underwrite a bond for the events.
Valentine also said police officers' authority to enforce park rules comes under the fact that they are police, and the park board has rules that give them authority to enforce the park rules.
"When a private person hires them, I don't know who they are working for," said Valentine.
He said he didn't think there was anything keeping the park board from working with the police to charge renters for police officers but for the renters to pay for the police through the park department.
Mayor Ernie Wiggins said the police department falls under the general fund. The park department is under a different fund. Money paid to the parks has no way to get over to the general fund to pay officers for overtime.
Garber said he did some research. For 2009 already, the park department has six signed leases where deposits have been paid. One plans to have alcohol served, four have no plans for alcohol and one is uncertain. He also said they have about 16 leases not signed yet, with about four requesting alcohol.
Warsaw Police Dept. Chief Perry Hunter said his officers don't work in bars or taverns. If a renter complies with the proposed lease agreement, he said there shouldn't be much of a problem. The question is who would pay for the officer. Hunter said he only puts in so much overtime for officers in his budget. If there are parties at the pavilion with three to four officers, that will add more overtime.
In his opinion, Hunter said they should do away with alcohol, and there wouldn't be a need for police officers. If the renters have alcohol anyway, Hunter said, it becomes an enforcement issue where officers can do impromptu checks and arrest offenders.
Toby Sumpter said it seemed like the park board is jumping through so many hoops, maybe it was best to ban alcohol, but she hated to do that.
Dalton agreed, saying it would be punishing people who were respectful.
"Banning the alcohol will not solve the problem because they'll bring it in," said Babcock.
Hunter said if the park board banned alcohol today, "which I think is great," the city ordinances would have to be changed to back the ban up. Police then can enforce the ban year-round.
Wiggins said the issue is still a city council decision because it requires a city ordinance. He said it does bother him they will be punishing some of the other people who don't cause problems, but if they want to enforce it, it has to be enforced uniformly.
Baldwin said there are some leases out now that the park board will have to honor.
Steve Haines, board member, made the motion to ban alcohol. "We recommend to the city council that we ban alcohol on all park property except campgrounds, effective Jan. 1, 2009," he said.
It was unanimously approved.
Wiggins then told the board he thinks they still need to have a higher damage deposit than $225. He said they should make it known that if there is alcohol at a pavilion event, they forfeit their deposit.
Dalton made a motion to keep the damage deposit at $750, and it was unanimously approved.
Parks Director Larry Plummer asked if they see alcohol at a pavilion event, do they stop the party or let it continue.
Babcock said they should pull the plug. John Sadler, board member, said it should end immediately.
Wiggins told the board they could not approve a new lease agreement until the city council approves the ban. If the council doesn't approve the ban, the park board may be back to square one on the issue.
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