D R A F T

PUBLIC SAFETY COMMITTEE MEETING

February 10, 2010

The Public Safety Committee meeting was called to order at 7 p.m. by Mr. George Kandt, Chair. The following members were present, constituting a quorum:

Mrs. Donna Owens, Vice Chair; Mr. Dave Janson; Mr. Jim Hix; and Mr. Curt Skoog. Mr. Fred Spears was absent (excused).

Also present were: Mr. John Douglass, Police Chief; Mr. Bryan Dehner, Fire Chief; Mr. Brian Shields, City Traffic Engineer; Mr. Adam Norris, Assistant to the City Manager; Mr. Mike Miller, Assistant to the Director of Public Works; Mr. Stephen Smith, Mr. Mark Kessler, Mr. Jack Cauley, Police Lieutenant Colonels; Mr. Tim Lynch, Police ; Mr. John J. Knoll, Senior Assistant City Attorney; Ms. LaVon Klover, Police Administrative Assistant; Mr. Ron Roberts, Senior PC Technician; and Mrs. Barbara Potts, Recording Secretary. There were four people in the audience. ______

INFORMATION ITEMS:

STATE OF LAW ENFORCEMENT INITIATIVE WITH REPUBLIC OF ARMENIA.

In terms of background, the Armenia-Kansas partnership was established by the Kansas National Guard. The Kansas Adjutant General, Tod Bunting, led the first delegation to Armenia in July 2006. In July 2009, the delegation led by Major General Bunting to Armenia set the framework for other Kansas groups to travel to Armenia to discuss law enforcement, education and medical training.

Police Lieutenant Mark Kessler explained that the Armenian Police expressed interest in developing some of the same programs as the United States and other European nations have. The Armenian Police requested training, community policing tactics and other efforts to improve law enforcement capabilities in the Middle Eastern country.

During a recent trip to Armenia, Police Major James Brown with the Kansas City, Kansas, Police Department, explained the success of community policing programs in Kansas. Police Major Brown suggested that the Armenian police need to work with developing relationships within their community to build confidence with the public.

As a result of discussions between Kansas law enforcement officials and the Republic of Armenia, Police Lieutenant Colonel Kessler indicated that a delegation of four members was formed that included himself; James Brown with the Kansas City Police Department; Police Chief Samuel Breshears with the Kansas City Police Department; and Edwin Pavey, head of the Kansas Law Enforcement Training Center (KLETC).

In cooperation with the Department of Defense State Partnership Program between Kansas and the Republic of Armenia, the delegation visited Yerevan, Armenia,

Public Safety Committee Meeting February 10, 2010 Page 2 during the week of October 19, 2009. The delegation met with the senior leadership of Armenia’s law enforcement system, as well as with U.S. Embassy personnel and outside experts, such as the Organization for Security and Cooperation in Europe (OSCE) team leading a community policing pilot program. The delegation explained to their Armenian counterparts the willingness and capabilities Kansas law enforcement agencies have to offer consultation and training to Armenian police. The Armenian officials who met with the delegation were enthusiastic about the proposed coopera- tion, and welcomed the participation of trainers from Kansas in their efforts at police reform and modernization.

Police Lieutenant Colonel Kessler indicated that the Armenian’s highest priority area for cooperation tended to be more related to technical training and specialized skills, rather than the focus on professionalism, integrity and public service emphasized in the United States. However, he said there appeared to be considerable areas of overlap where values and attitudes can be taught and modeled as part of the training on more specific police functions.

Lieutenant Colonel Kessler explained that community policing was introduced to Kansas around 1995. He commented that the Armenian police are struggling with the same issues that Kansas did in 1995 in terms of incorporating community policing into the police department. The Armenian police department were told that they will need to work at developing relationships within their community to build confidence with the public.

In summary, Lieutenant Colonel Kessler said the visit was extremely successful and generated intense interest in cooperation with Kansas law enforcement agencies among several different elements of the Republic of Armenia police. He explained that the eagerness of Armenian counterparts for additional meetings during the visit was the best example of this enthusiasm. As of late November, the visit has already resulted in one training activity by a Kansas law enforcement officer in support of the Community Policing Pilot Program.

SPECIAL LAW ENFORCEMENT TRUST FUND QUARTERLY REPORT.

Police Chief John Douglass presented the quarterly report of the Special Law Enforcement Trust Fund as required by statute. He noted that as of December 31, 2009, there was a combined total of $312,871 in the Special Law Enforcement Trust Fund from state and federal funds.

ACTION ITEMS:

KDOT GRANT – Request approval to apply for and, if awarded, to accept grant to enforce underage drinking laws with no City match required.

In terms of background, Police Lieutenant Colonel Steve Smith said that each year since 2005, the Overland Park Police Department has received a grant from the Kansas Department of Transportation (KDOT) in the amounts of $19,990.50, $17,252.50, $21,528, $19,599 and $19,599 respectively, to enforce underage drinking laws in the community from March 1 through May 31. He said the Police Department has received an application to apply for this grant for the same

Public Safety Committee Meeting February 10, 2010 Page 3 time period in 2010. He explained that these enforcement activities will take place throughout the 13-week period and will also be coordinated to coincide with spring break, proms and graduations. He said there is no match required from the City under this grant, so there will be no budgetary impact.

Staff recommends approval to apply for and, if awarded, to accept a grant from KDOT, Bureau of Traffic Safety, to enforce underage drinking laws.

Mrs. Donna Owens moved to recommend to the Council approval to apply for and, if awarded, to accept the grant from KDOT to enforce underage drinking laws with no City match required. Mr. Curt Skoog seconded, and the motion passed by a 5 to 0 vote.

REQUEST APPROVAL TO USE FORFEITURE FUNDS FOR THE FOLLOWING:

Metropolitan Organization to Counter Sexual Assault (MOCSA) - $15,000 TV Monitors for Police Chief’s Conference Room - $4,000 Public Safety Answering Point (PSAP) Upgrade - $6,300

In terms of background, Police Chief Douglass said the Metropolitan Organization for Counter Sexual Assault (MOCSA) is a regional organization whose stated purpose is support and advocacy for victims of sexual assault. He explained that the Overland Park Police Department has worked with this organization for over 30 years, and they have proven to be a valuable resource in a myriad of ways to include the support for the victim, training for the officers, and advocacy for better laws in this area. Similar to all institutions in this country, MOCSA has been affected by the recession and economic downturn.

According to Police Chief Douglass, the purchase of the TV monitors for the Chief’s conference room and the upgrade to the Public Safety Answering Point (PSAP) were not funded in the regular budget due to fiscal constraints. He explained that each of these functions will expand existing capabilities within the Police Department. The amount is not to exceed $25,219.12 and will be taken from confiscated forfeited funds.

Staff recommends approval of the use of these forfeited funds.

Mrs. Owens moved to recommend to the Council approval to use forfeiture funds as outlined. Mr. Skoog seconded, and the motion passed by a vote of 5 to 0.

ORDINANCE NO. DAC-2864 – Expanding the definition of cruelty to animals.

Senior Assistant City Attorney John Knoll said the animal control unit of the Police Department requested an amendment to the Cruelty to Animals ordinance to expand the definition of cruelty. He explained that this ordinance will add the following actions: 1) Molesting; 2) Willingly beating with a stick, chain, club or other object; 3) Burning or scalding with any substance(s); 4) Administering any poisonous substance with the intent that the same shall be taken or swallowed; 5) Cruelly ill- treating, overworking, overloading, or disfiguring any animals in the City, whether or not the animal is owned by that person.

Mr. Knoll said this amendment is intended to cover situations where an obvious act of cruelty is committed, such as a person kicking a dog or beating a dog with a stick Public Safety Committee Meeting February 10, 2010 Page 4 or other object, but the animal shows no sign of a physical injury. He explained that the current ordinance requires proof of a physical injury.

In response to Mr. Jim Hix’s question of how they would have proof if there was no sign of a physical injury, Mr. Knoll said that possibly a witness could testify to seeing the person commit the act of cruelty to the animal.

A motion was made by Mrs. Owens to recommend to the Council to approve Ordinance No. DAC-2684, amending the animal ordinance and expanding the definition of cruelty to animals. Mr. Dave Janson seconded, and the motion passed unanimously.

ORDINANCE NO. PAR-2842 – Amendment to define certain terms and to allow for recovery of City personnel and equipment fees from persons who apply for parade permits.

Mr. Knoll explained that the subject ordinance would amend two sections of the parade code to define certain terms and to allow for recovery of fees for City personnel and equipment from persons who apply for parade permits. He pointed out that Overland Park is reportedly the only City in the metropolitan area that does not charge a personnel cost recovery fee for parade events. He said that parades and similar types of events usually require the mobilization of City personnel and equip- ment for traffic control activities. He stated that approximately 50 of these events occur in Overland Park every year.

Mr. Knoll advised that this ordinance would require parade permit applicants to pay a fee based on the number of City personnel involved and type of equipment required as determined by the City Manager or his designee. The amount to be charged for salary and benefits would be set by an accompanying resolution, and those rates would be adjusted by the City Manager or his designee each year. He indicated that an appeal process is provided for those who dispute the amount of the fee, and a refund process is provided in the event that the parade does not occur for weather-related reasons or other circumstances beyond the applicant’s control.

Mr. Knoll stated that no personnel fee would be charged for City-sponsored parades, parades conducted by a taxpayer-supported entity such as school districts, or parades where the personnel and equipment costs are de minimus (less than $350), such as parades conducted by neighborhood associations.

According to Mr. Knoll, personnel and equipment costs for events in 2009 under the proposed ordinance would have been charged a total of approximately $100,000. He anticipated that recovery of personnel and equipment costs may result in a decrease in applications for permits, but the anticipated reduction is difficult to quantify.

Mr. Knoll said the recovery of personnel and equipment expenses related to special events was included as part of the 2009 budget adjustments recommended in July 2008 and adopted as part of the City’s 2009 budget. At that time, the City had projected $97,000 per year would be recovered annually.

Public Safety Committee Meeting February 10, 2010 Page 5

Police Chief Douglass explained that the City was built on the premise that it would accommodate the needs and wishes of its public in a variety of ways. The Council has always supported the members of our community. The current problem is the runs that have become so popular. He explained that several things are covered by the parade permit. First, the acts of political initiative are considerably different than fund raising events. Although these events are all protected by the first amendment, he is going to ask the City’s legal staff to speak to that issue in executive session at the end of this discussion.

Police Chief Douglass indicated that there are a number of charitable runs each year, and Overland Park is the only City in the metropolitan area that does not charge for these events. Because the City does not charge for these events, many of the surrounding towns are holding their events in Overland Park. He said the question that needs to be answered is with the City’s resources being so strained, can Overland Park continue to afford to provide this service for everyone in the metropolitan area. Secondly, there is a public safety issue with holding the runs on public streets. By holding these runs on public streets, the City restricts access to that public street for a period of time, which interrupts the business community and their ability to handle business. In addition, because of the significant amount of traffic, it represents the need for public safety surveillance to keep people from getting hit by a vehicle. He explained that Overland Park has to use a number of their resources for these runs, such as barricades provided by Public Works, medical support provided by the Fire Department, and Police Officers available for intersection control. He said the City is asking for some type of return on its investment from these events.

Police Chief Douglass said that an idea was brought up by Police Lieutenant Colonel Kessler that could be used on a long-term basis. His idea was to build a track or a path that could go through the Overland Park Arboretum to be used for these runs. If the Committee supports this idea, he pointed out that it would provide the City with a source of revenue. There would be no cost involved in the requirement of City personnel services and equipment. He believed the City needs to carefully consider raising some type of revenue or compensation from some of the events that take place. He commented that the City could do straightforward business where some entities would be exempted.

Chair George Kandt asked what other cities typically charge for the events or how they handle this situation.

Police Lieutenant Colonel Jack Cauley replied that generally, other cities have collected personnel costs and equipment costs associated with the runs.

Mr. Hix believed the City needed to charge the organizations to recoup the cost to the City.

Mr. Skoog said the trail through the Arboretum would need to be extensive to satisfy most of the runners.

Assistant to the City Manager Adam Norris stated that the trail would have to be officially sanctioned as a track for runners. He was not certain that a trail would have the capability of being sanctioned or certified as something that could be used for the runs. He offered to look into that issue.

Public Safety Committee Meeting February 10, 2010 Page 6

At 7:30 p.m., Mrs. Owens moved that the Public Safety Committee recess into an executive session for a period of 15 minutes for the purposes of consultation with an attorney for the Governing Body, which would be deemed privileged in the attorney-client relationship regarding Ordinance No. PAR-2842 and Resolution No. 3777. A second was made by Mr. Janson, and the motion passed unanimously.

The Committee reconvened into regular session at 7:45 p.m., and Chair Kandt stated that the Committee members will resume the discussion regarding the consideration of Ordinance No. PAR-2842.

Mr. Norris stated that he wanted to clarify to the Committee that the 5K runs are sanctioned in Corporate Woods.

Mr. Knoll informed the Committee that Ordinance No. PAR-2842 would amend two sections of the parade code to define certain terms and to allow for recovery of City personnel and equipment fees from persons who apply for parade permits. The fee would be based on the number of City personnel involved and the type of equipment required as determined by the City Manager or his designee. An amendment was offered to Section One to change the definition of a de minimus event as one expected to be $500 or less.

Mr. Skoog asked what percentage of the events were held in Corporate Woods.

Police Lieutenant Colonel Cauley said that a good portion of the runs would be in Corporate Woods. He indicated that City staff will review the traffic issues in Corporate Woods, because it is a popular spot.

Mr. Hix moved to recommend to the Council approval to amend two sections of the parade code to allow for recovery of City personnel and equipment fees from persons who apply for parade permits, based on the number of City personnel involved and the type of equipment required as determined by the City Manager or his designee, and the second amendment is in Section 1 to change the definition of a de minimus event as one expected to be $500 or less to be one defined as $350 or less. Mr. Skoog seconded, and the motion passed by a vote of 5 to 0.

RESOLUTION NO. 3777 – Establishing a fee schedule for recovery of personnel and equipment costs from applicants for parade permits.

Mr. Knoll advised that Resolution No. 3777 would establish a schedule of fees to be charged to parade permit applicants for reasonable personnel and equipment costs related to supporting parade activity as authorized by Ordinance No. PAR-2842. He explained that the charges would be based on the number of personnel required, the average salary plus benefits for City personnel and the actual equipment costs.

Mr. Janson indicated that he would like to have a set cost. If he came to the City and said he wanted to hold a 5K run, what would it cost him. He said he could not tell by looking at the chart.

Public Safety Committee Meeting February 10, 2010 Page 7

Police Chief Douglass explained that the cost to hold the 5K run is easily figured. The applicant would have to know the route of the 5K run and the area it would cover. By knowing the details, staff can analyze which locations require City staff and whether the location would require barricades. Using this information, staff could write a proposal for costs. Staff would be able to give the applicant a set cost, and if the applicant wishes to modify his/her route or other items, the cost could be adjusted.

Mr. Hix recalled that the average cost for a not-for-profit event last year was $4,000 to $5,000, He suggested that the City could share 50 percent of the cost.

Mrs. Owens believed that would be good for the not-for-profit organizations. She said that she would support that suggestion.

Mrs. Owens moved to recommend to the Council approval of Resolution No. 3777, with an amendment to Section 2, changing the recovery amounts as outlined, and amend Section 4, Equipment Fees, to reflect a 50 percent recovery of costs for not-for- profit organizations. Mr. Hix seconded, and the motion passed by a vote of 5 to 0.

Mrs. Owens moved to adjourn the meeting at 8:05 p.m., and Mr. Skoog seconded. The motion passed by a vote of 5 to 0. Minutes transcribed by Barbara Potts.

______George Kandt, Chair