Probation Office's Ball Back in Council's Court

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(posted 9.24.09)

City County Councillor Janice McHenry lost her constituents' fight with the Administration and Finance Committee to locate a probation/traffic court at 6250 W. 38th Street. The committee voted 4-2-1 to give a favorable recommendation to the full council. The committee voted for the same location in a 6-0 vote on June 9, only to have the council reject the recommendation at its June 29 meeting.

McHenry submitted petitions from her district asking for the committee to vote no. The committee took public comment from remonstrators and supporters for about 50 minutes. Remonstrators spoke of their concerns about the probation office's proximity to schools, residential areas, and its impact on the existing retail area.

Wayne Township Assessor Mike McCormack said a probation court would not help property values. "They are certainly not going to go up." McCormack said the focus has been on the probationers, adding "let's talk about the taxpayers that have not committed crimes that are saying no."

His comments drew a loud applause from the audience. Committee Chair Marilyn Pfisterer quickly banged her gavel, threatening to "clear the room" if the crowd could not maintain order.

Susan Blair, President of Pike Township Resident Association, said the organization opposed the location. The PTRA also opposed the probation office's first location at 3733 Commercial Drive. Councillor Maggie Lewis was instrumental in defeating that location, which is in her district, but endorsed the 38th Street location.

Speedway resident Dottie Tobias was concerned that the probation office would increase crime. She was concerned about her own economic well being, and told the committee "I think I will be moving to Plainfield" if the committee voted yes.

Patricia Burris said she would no longer shop at Home Depot or Target and would start shopping in Avon if the probation office goes in. She told the committee if they voted yes they could expect to see a mass exodus, because they "are selling us out."

Speedway resident Alice McCauley told the committee that she received a notice to come to the meeting to fight the location. McCauley did not appreciate the wording that implied that people on probation have a lower social status than local residents. McCauley said convicted felons pass through every community and that many of them could be neighbors. She said those ex-offenders attending probation are not the ones to be concerned about because they are trying to turn their lives around.

Councillor Joanne Sanders equated the remonstrators' concerns with creating "fear mongering." She used McCauley's statement to support her yes vote.

Sanders agreed that ex-offenders do not wear a "scarlet letter" to identify themselves of their past wrongdoing. She said that some Eagle Creek residents could be probationers reporting to probation office. Sanders criticized the remonstrators by saying if they opposed the proposal in essence, they are opposing people who want to better their lives.

McHenry said the probation office does not have any resources to help ex-offenders to become gainfully employed.

Sanders said she was committed to help carry out the administration's re-entry program, and requested using grant money to support career training at the probation office.

At a June 7 meeting, the proposed leasing arrangement was explained as a ten year lease with a $500,000 advance payment to lower rent payments on the 25,000 square foot space. Centre Properties has committed to $300,000 for exterior improvements, and an estimated $1 million for interior renovations.

Tom Doyle of Centre Properties said it would not make sense for the company to engage in a lease that would drive retail farther away and hurt commercial property values. Doyle said the company has invested millions of dollars on the west side. Because retailers no longer want to locate in the area, the company has to look for alternative uses to fill the vacant stores. He said the probation/traffic court would increase traffic and help other local businesses to plant the seeds necessary to continue growth in the area.

Councillor Paul Bateman said the remonstrators did not understand the dynamics of the situation and that he has been personally involved working with probationers. Bateman said he changed his mind about voting no.

Counicllor Ryan Vaughn apologized to McHenry for his need to abstain. He did not know his employer, Barnes and Thornburg, was involved in the issue. He had planned to vote no.

The City County Council will hear the issue October 5.