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03-09-10 Public Safety CommitteeMinutes Public Safety Committee Meeting March 9, 2010 Elected Officials Present: Council Member D. J. Wilson, Committee Chair Council Member Adrienne Fraley-Monillas Council Member Steve Bernheim Council Member Diane Buckshnis Staff Present: Assistant Police Chief Gerry Gannon Public Present: Mike McGinnis, Police Foundation Don Eager, Police Foundation Bruce Witenberg, Police Foundation Barry Brandt The meeting was called to order by Chair Wilson at 6:55 p.m. A. Styrofoam Ban The Committee discussed the proposed ordinance for banning Styrofoam from the City of Edmonds. At the February 5-6, 2010 Council Retreat, the Council had expressed interest in moving forward with a Styrofoam ban. Ms. Fraley-Monillas was interested in a grandfather clause in the ordinance that would allow businesses that have Styrofoam products to exhaust their current supply. Mr. Wilson stated that a one year run -out of Styrofoam products is what he would like to see in the ordinance. That is similar to what is in the Issaquah and Seattle ordinances, and in the proposed ordinance written by Mr. Bernheim. Mr. Wilson suggested that the ordinance be moved directly to the Council for discussion of the effective date of the ordinance. One suggestion was to have the effective date at signing, but not enforce the ordinance until May 1, 2011, giving businesses time to deplete their inventory of Styrofoam products. Ms. Fraley-Monillas discussed the effective date and thought it best to follow the proposed draft ordinance by Mr. Bernheim. Both Council members felt that businesses needed time to reduce their supply of Styrofoam products, and one year after signing of the ordinance was sufficient before enforcement started. Ms. Fraley-Monillas also felt that having a waiver process in the ordinance was important. Public Safety Committee Meeting March 9, 2010 Pagel of 3 The discussion then moved to the penalty portion of the ordinance. Ms. Fraley- Monillas felt the fine language in the proposed ordinance was satisfactory at $100 for a first offense and $300 for any further offenses. Ms. Fraley-Monillas made the point if you have fines in the ordinance and don't enforce them, then why have the fines. Action: Move to full Council for discussion. B. Contract with Orchid Cellmark for Touch DNA Testing. ACOP Gannon discussed the reason for the request and how the Police Department will use Orchid Cellmark to help identify suspects in property crimes. The testing process used by Orchid Cellmark is sensitive enough to detect DNA left at a crime scene on items touched by a suspect. The Washington State Patrol Crime Laboratory has approved the scientific testing process that Orchid Cellmark uses to enter DNA data into the national data base (CODIS). The cost of the testing is based on the number of samples submitted by the Department. There is no charge if samples are not submitted to Orchid Cellmark. ACOP Gannon was asked what the State Crime Laboratory charges for DNA testing. He responded there is no cost for samples submitted to the State Crime Lab, but because of its backlog of cases, the State Crime Lab will process few DNA samples for property crimes and the turnaround time can be lengthy. With no other discussion on the subject, ACOP Gannon asked that the contract be approved for the next consent agenda. He also advised that the contract had been reviewed and approved as to form by the city attorney. Mr. Wilson and Ms. Fraley-Monillas approved the request to go to the consent agenda. Action: Forward to City Council Consent Agenda with a recommendation to approve. C. Amendment of EMC 5.05, Animal Control ACOP Gannon explained the proposed changes to EMC 5.05.121 and 5.05.123 (Potentially Dangerous Dog) to provide for an appeal process should a dog be declared potentially dangerous. While this declaration is tantamount to a warning, recent court decisions support a provision for appeal in the interest of due process. This action is consistent with those taken in and by neighboring jurisdictions. The amended ordinance was prepared by the City Attorney. Mr. Wilson and Ms. Fraley-Monillas were further advised that the amended ordinance had been reviewed and approved as to form by the city attorney. Public Safety Committee Meeting March 9, 2010 Page 2 of 3 ACOP Gannon asked that the amended ordinance be placed on the consent agenda for approval by the full Council. Mr. Wilson and Ms. Fraley-Monillas approved the request to place this item on the consent agenda. Action: Forward to City Council Consent Agenda with a recommendation to approve. D. Edmonds Night Out Supplemental Appropriation ACOP Gannon reviewed the history of Edmonds Night Out, which had been sponsored by local Edmonds businesses, and organized by the Police Foundation. He explained that when the Crime Prevention program was cut from the Police Department 2009-2010 budget, the funds for Night Out were also cut. Edmonds Night Out was not held in 2009. He explained that the Police Department supports the Night Out, and is asking for a $3500 appropriation from Council Contingency or other designated General Fund source to cover the costs of an Edmonds Night Out event in 2010. The city has traditionally supported Edmonds Night Out by providing a limited number of police officers to assist with event logistics. Some of that assistance involved limited overtime (est. $1500) since there are insufficient regular on -duty staff to attend Night Out, as well as to be available for 911 calls. The Police Department had also included as part of its previous annual budgets a $2000 appropriation specifically for defraying some of the Police Foundation's hard costs for the event. If authorized by the Council, $2,000 of the appropriation would be used to defray some of the Police Foundation's costs for the event. The remaining $1500 would fund police officer overtime. Mr. Wilson felt the funding should come from reserve funds (ending balance from the 2009 budget). Both Ms. Fraley-Monillas and Mr. Wilson approved this agenda item for the consent agenda at the next Council Meeting. Action: Forward to City Council Consent Agenda with a recommendation to approve. The meeting adjourned at 7:40 p.m. Public Safety Committee Meeting March 9, 2010 Page 3 of 3