PUBLIC WORKS AND SAFETY
STANDING COMMITTEE MINUTES
Monday, August 14, 2006
The meeting of the Public Works and Safety Standing Committee was held on Monday, August
14, 2006, at 5:00 p.m., in the 6th Floor Human Resources Training Room of the Municipal Office
Building.
The following members were present: Commissioner Gilstrap, Chairman;
Commissioner Barnes, Co-Chair; Commissioners Ellison and Cooley and BPU Board Member
Gonzales. Commissioner Kane was absent.
I.
Chairman Gilstrap called the meeting to order. Roll call was taken and all members were
present except Commissioner Kane.
II.
Approval of Standing Committee minutes for July 17, 2006.
On motion of
Commissioner Ellison, seconded by Commissioner Barnes, the minutes were
approved. Motion carried unanimously.
III.
Committee Agenda:
Item No. 1 – 060216…
Request approval of a resolution authorizing a survey of land
to be condemned for the Western Treatment Facility (Missouri
River) Expansion Project, submitted by John Menkhus, Public
Works/Engineering.
Bill Blackwell, Engineering, stated this is a property near Wolcott. We have been studying, for
a couple of years, a location for a new sewer treatment plant that will open up the northwest end
of the county. This spot has been settled on. This is in the Missouri River Flood Plain and
currently zoned agriculture. It is about 40 acres. We have had discussions with the owner and
have made an offer for the property. We are waiting for his counteroffer. This is a routine
administrative procedure that we go through.
Action:
Commissioner Ellison made a motion, seconded by Commissioner Barnes, to
approve. Roll call was taken and there were five “Ayes,” Gonzales, Ellison,
Cooley, Barnes, Gilstrap.
Item No. 2 – 060217…
Request approval to increase voting Park Board members’
monthly stipend from $50 to $100 a month, submitted by the
Park Board.
Bob Roddy, Public Works, stated when the committee was first established, the stipend was
$100 per month. In 2001 when we were going through some asture budgets, we reduced it to
$50 per month. The Park Board is now requesting that it be raised back up to $100 per month.
Commissioner Cooley asked how many other boards and commissions do we pay a stipend to.
Mr. Roddy stated I know this one and Planning and Zoning. How much is that? Phil Thomas,
Chairman of the Park Board, stated when I first came on the Board in 2003, there were certain
board members with longevity that kept brining this issue up. At the very beginning, I was not a
proponent of asking for the raise. One of the reasons that I opposed it was because I knew the
Planning and Zoning Board stipend was $100 and I felt that our work level wasn’t what theirs
was. I have changed my mind in the last year based on the work we are doing, the various
subcommittees that have been developed; and since becoming chairman, garnering a bigger
respect for the Board and what we do and the value of the Board members that we have. I want
to box out what is going on with the Planning and Zoning Board. I think the mileage that we
incur and those types of things and the meetings we go to, I fully support our Board with the
increase. The spirit of consolidation called for the $100 stipend at the very beginning of
consolidation and then it was reduced. At some point, the $100 figure was okay. We are a very
busy Board and becoming busier. Commissioner Cooley asked do any of you turn in request
for mileage reimbursement? Mr. Thomas stated no. We’ve never been required to turn in any
supporting paperwork. Commissioner Cooley stated the issue is if there is a substantial amount
of mileage that’s incurring, you can turn in a request for mileage and get reimbursed. You might
be better off getting the mileage than the stipend. Commissioner Gilstrap stated they had it
approved at $100 and it was lowered. You might also come back and say you are not getting
mileage. Right now they are trying to get back to what it was.
BPU Board Member Gonzales asked how many members are on the Park Board?
Thomas stated eleven.
Mr.
Commissioner Ellison stated it would be a good idea to keep mileage anyway because $100
isn’t going to cover it. I would take $100 plus mileage.
Action:
Commissioner Ellison made a motion, seconded by Commissioner Barnes, to
approve. Roll call was taken and there were five “Ayes,” Gonzales, Ellison,
Cooley, Barnes, Gilstrap.
Item No. 3 – 000288…
2006 Fireworks Summary Report, submitted by Robert Rocha,
Fire Department.
Robert Rocha, Fire Department, stated previously the Fire Department submitted its annual
fireworks report to the Public Works and Safety Standing Committee. The Fire Department’s
summary outlining firework department activity between June 29 and July 5 is: As noted, we
suffered 7 structural fires, 6 medical incidents, 15 grass fires, 1 tree fire, 6 trash dumpster fires
and 2 complaints dealing with illegal fireworks. Subsequent to that, I received a request from
Administration to provide some supplemental information to the Commissioners with regards to
2004 and 2005.
Commissioner Barnes asked how do you associate a dumpster fire with fireworks? Mr. Rocha
stated based on the evidence that we have, remnants of fireworks. The possibility that they could
be fireworks related but we try to gage each and every fire. A lot of the times, that call may be
made by the fire captain on the scene as to what his or her recommendation is as to the start. We
usually don’t investigate fires at that level. Usually, we wait until the $500 level and above on
structure fires to call for an investigation or if one is warranted where the fire may be incinerary.
Commission Barnes stated you had two calls of illegal fireworks being reported. Mr. Rocha
stated that is what was reported to the fire marshal. He only had received two complaints and
addressed both of those complaints. That does not reflect any from the Police Department.
August 14, 2006
Commissioner Barnes stated I know last year when we get these reports, we were looking at
comparison of fire-related incidents from other cities around. Right now we don’t really have
anything to see what is normal when it comes to the negativity that comes with fireworks. To get
a good analysis would be to have that information on cities that have adopted firework stands
completely and what type of incidents do we have compared to theirs and see what types of
incident reports you have where they actually banned it. They are illegal in Jackson County but
you go over there on any night around the 4th of July, it doesn’t sound like fireworks are banned
in Kansas City, Missouri. I am wondering, to be able to make decisions on how to better affect
change in this area, we really need to have that information.
Mr. Rocha stated MARC did a regional survey for fireworks and has identified communities that
have banned fireworks and communities that allow legal fireworks and have identified some of
the issues that are there. Obviously, the illegal discharge of fireworks is a primary problem in
communities that have banned fireworks. With Kansas City being a great, large metropolitan
area, one jurisdiction that bans it may be adjacent to another jurisdiction that allows the sale and
discharge of fireworks. You are always going to have that issue of cross-breeding across county,
city and state lines of fireworks being discharged. Commissioner Barnes stated it would be
interesting to know if it makes a difference or not. Because once you get into a tradition of
setting off fireworks, regardless if they are in a banned area or illegal area, it is going to make a
real big difference. I would like to have some documentation sometime in the future so that we
can see if it really makes a difference. I know they are in a much larger city, but that kind of
statistical data would certainly help in the direction we should go in. Mr. Rocha stated fire
chiefs across the metro area get together quarterly. This could be something that I can take to the
next metro fire chief meeting to see if I can identify which communities have banned fireworks
and see what kind of fire dollar loss they have suffered.
Commissioner Barnes stated this $173,200 in total loss of seven structures, that is a bit high.
We haven’t had that in the past. Mr. Rocha stated that is correct. We were on the high end
over the last few years. This has been one of the higher years that we’ve had. Generally, we’ve
had some pretty good years. Good years in terms of not a lot of fire dollar loss, but I would say
that this year was not a particularly good year for structure fires. Commissioner Barnes stated
the grass fires that you talked about, the lack of rainfall certainly contributed to that this year.
Usually that happens as a result from some banned fireworks or do you have any idea of the
origin? Mr. Rocha stated that is a good presumption because they would have had to travel a
distance to get to where the grass is. People generally don’t like fireworks where there’s dry
grass. I would say that it would be a combination of legal and illegal fireworks.
Commissioner Gilstrap asked are these seven structure fires, are any of these arson fires? Mr.
Rocha stated I know that the fire of 11382 was an arson fire and currently is in litigation.
Commissioner Gilstrap stated that is $60,000. I wouldn’t put a fireworks related with an arson.
If it’s under investigation, it is kind of iffy. If there is a chance that any of these are arsons, I
would have them noted saying that they are being investigated because that would lower that
total number.
BPU Board Member Gonzales stated I don’t see any loss of life. If fireworks were used and a
child dies, I don’t think you could put a dollar amount on that. Commissioner Gilstrap stated
they just have a total amount on fireworks related. If it is intentional, it could be gasoline, it
August 14, 2006
could be disguised as fireworks to make it look like an accident but it was intentional. That is the
point that I am making. I knew that there could be some arson involved in these fires.
Commissioner Barnes stated whether we used the match, gasoline, or alcohol or paper to start
the fire, in this case, it happened to be fireworks that they used. Commissioner Gilstrap stated
the point I am trying to make is the total amount. If any of these are arson investigated or
suspected arson, they should have an asterisk by them and state they are being investigated. I
don’t know if you want the total amount in the fireworks related arson. Mr. Rocha stated
sometimes a fireworks fire may be ruled as accidental. When there is criminal intent then that
would be ruled arson.
Commissioner Ellison asked how much money was collected on permits? Mr. Rocha stated 60
permits were issued.
Permits are $1,000 a piece; therefore, $60,000 was collected.
Commissioner Gilstrap asked how much sales tax was collected? Mr. Rocha stated I don’t
have that information. Commissioner Gilstrap stated I would like to know how much was
brought in tax dollars. Mr. Rocha stated I can contact Mr. Neal in License and see if there is a
figure that can be identified as to how much taxes are generated from the sale of fireworks.
Mr. Rocha stated I included the number of stands and stand owners. I separated it out by area.
The next memo is from the Police Department. I used the figure from June 29 to July 5,
which is the timeframe that fireworks are sold and the discharge goes from July 2 to July 4.
There were exactly 500 calls for this year. You can see how it relates to previous years, 568 in
2005, 593 in 2004.
Memo from Mike Tobin to Robert Roddy identifying the amount of labor, time and
expense incurred by the Street Department for clean-up. It identified the cost of $18,363.
Memo from Greg Talkin to Bob Roddy about the number of business licenses issued and
there was $60,000 generated. Code Enforcement had no calls for service related to illegal
fireworks being sold.
Memo from Wayne Burns to Robert Roddy giving the ranger report and a maintenance
report. $600 altogether for ranger time and also confiscation of illegal fireworks on Kaw Point.
Parks Maintenance logged $3,000 in labor, $1,800 in loss from tables and various signs.
Altogether, total loss was about $5,300.
The next memo was a continuation of Mr. Burns’ memo to Mr. Roddy from Bob Gunja,
Chief Park Ranger, and it confirms the information given in regards to the numbers of calls they
ran, number of time spent, and the confiscation of illegal fireworks at Kaw Point.
Commissioner Barnes stated we talked about Kaw Park. It was no big deal when it comes to
cleaning up down there. We talked about how great it is to have these people coming down there
and having a great time. We said that is okay. We know we are going to have clean-up there.
Then here we talk about $18,000 for sweeping the streets once a year for people that had a
celebration for the 4th of July. We agreed without even asking the Commission, we make a
commitment to do Kaw Point after 40,000 people came through there and it was no big deal. I
don’t want people to receive this in a negative form. I want us to keep in the perspective as
information. When people with the fireworks industry get word of this, they are going to say we
had no way to defend ourselves. I think in the future whenever we schedule these hearings, we
should have someone from the industry to defend some of the statements that are being made. I
am just responding to complaints I receive. Hopefully, the nature of this meeting is just
information and I want to keep it that way. There are people that are going to get the results of
August 14, 2006
this meeting and they are going to look at it as if we are attacking the fireworks industry in
Wyandotte County. Right now I just want to keep it for information.
Mr. Rocha stated the memo from Rollin Sachs to Bruce Andersen in charge of Air Quality for
the Health Department included the air quality readings from June 28 to July 6. The air quality
monitoring site is at 10th & State. They establish a baseline even with whatever particular matter
is in the air and then look to see where spiking is going on, particularly around the 4th of July.
Wendy Wilson, Rosedale Development Association, stated one of our issues in Rosedale is that
we have people come in from Johnson County and from the Missouri side to shoot fireworks.
For years we have vacant lots, especially ones that are maintained, and then they don’t clean
them up. They leave an awful mess. It has fallen to the area neighborhood groups, which are not
the ones shooting the fireworks, to clean that up and it is angering them. This year I had to call
the city to see what the process was for cleaning that up, whether the Street Department would
clean–up those lots and the answer was no. The Park Department cleans up the parks and they
only clean what’s in the street. What I would like to suggest is an added fee on the vendors or
take some of the fees we already get and give it to Public Works to clean up those vacant lots.
The other thing that would be interesting is what happens on the police calls for service in areas
that have banned fireworks. Does it actually increase and end up costing more money rather than
where it is legal?
Commissioner Barnes stated she is requesting an action to take place and she is requesting that
of this committee. I do think we need to revisit this so we can address those types of issues and
get more comparative numbers so we can make a decision whether we should consider
something further or whether we should consider additional tax to cover the additional expenses.
We hear it loud and clear that there are several expenses tied to this. The $60,000 isn’t paying
for everything. We do have the ability to put in local specialty taxes if we need to address that. I
do think we need a further look at this.
Commissioner Cooley stated my only comment is I don’t think it is fair to the other taxpayers of
the city to pay for somebody’s private property that has been abused. If the private property
owner isn’t going to take care of that, it’s no different than weeds growing up, no different than
any other trash that winds up on that lot. My proposal would be that we clean it up, but we
assess the damage as a cost back to the property. Commissioner Barnes stated in her particular
case, this is land that is probably land bank property that some neighborhood groups are actually
maintaining the property, that don’t even belong to them and they are maintaining vacant lots,
and they’re cleaning them up. Those are the kinds of things that we need to discuss.
BPU Board Member Gonzales stated in her neighborhood, it was school property. Does that
fall into the school district to clean that up? Commissioner Cooley stated I look at it as any
other property that somebody owns. It’s your property. You’re responsible to protect it. You’re
responsible to maintain it. You’re responsible to keep it clean. It is not the taxpayers of the city
of Kansas City, Kansas, to do it. It would be no different than ours. If it is owned by the city of
Kansas City, Kansas, then we clean it or we keep somebody from dirtying it.
Marsha Ruff, President of Neighborhood Watch Group 46’ers, stated we have had a big
share of problems on our street. We had about 100 people blocking the street. No one could get
to their house. They were throwing fireworks underneath and at the cars. Fireworks as big as
August 14, 2006
softballs. Handmade, 12-inch fusses that would take up the turf of the grass. One woman had a
slight heart attack from all of it. When it went off, the blast was so bright it took out all the street
lights. In 2003, Major Don Ash did a letter for our neighborhood watch group. In that letter,
2004, 2005 he added something a little bit more that was the law or the ordinance. He attached
the ordinances to it, the times you can shoot and when you can’t shoot. A lot of people don’t
watch the news or read the paper. We were going a little bit above and beyond to get the
information out to our neighborhood. It seemed to help. Each year he added a little more to it.
Last year, Kevin Steel did the same letter. We had no one on the street shooting fireworks. They
were in their backyards or they went out on the easements of the sidewalks or the street. The
letter has done a lot of good.
I think a committee needs to be formed on the fireworks. You can pick the people you
want on it. I would like to see the fireworks banned or put in a park. I think Wyandotte County
has come a long way in the last five years. I think that all the other ones around us have banned
the fireworks. Wyandotte County has become a dumping ground for fireworks. They come over
here and shoot them whether they are legal or illegal. I think there are a lot of people in
Wyandotte County that don’t know how to act. I don’t know if it’s because they don’t have the
correct information. They are shooting them off in May and June and way after the 4th. As far as
the block parties, something needs to be done. In Independence, there was a man killed on the
4th of July because they had a block party. I think that establishing some kind of committee to
work on this year-by-year and taking a look at that letter that maybe we can get it out to all the
residents. It is becoming a problem. I would like to think of Wyandotte County up there with
Johnson County and the rest of them.
Commissioner Barnes stated there are some decisions to be made. Are you going to ban them?
There are some balancing acts that we have to perform here. That’s why most cities that have
banned fireworks have public firework displays throughout the year. They have alternatives for
that. It has to be addressed if we’re going to look in that direction. I am not against looking into
it and having some public discussion about that. Commissioner Gilstrap stated you could go
and have them sign a referendum.
Commissioner Barnes stated the request for a committee to discuss it further, I think that is the
most logical way to do it. Ms. Ruff stated I just think this is a step. Commissioner Barnes
stated the calls don’t stop in banned areas. Banning is not an answer-all. Ms. Ruff stated you
could get that letter out three weeks before.
Commissioner Pettey stated I am the one who has asked for a yearly report from all of our
offices that deal with fireworks. I have been asking for this the last five years. The reason why I
ask for the information is because this is important. This is unlike the Silver City Celebration,
Fiesta in the Park, jazz on 3rd Street or the festival at Kaw Point. We have festivals that go on
throughout our city and they are controlled. Commissioner Barnes is correct. We could say that
fireworks are on the same level as one of those. We could say we should be getting a report
every time we have some sort of event like that. I have asked for this because fireworks are a
moneymaker. You look at the list of those people that have stands and over half of those stands
are owned by five people. For some people, it is a big investment and they are making a lot of
money. Yes, it is an industry. I’m not sure we gage everything we do on the industry and
whether they are making money off of it. Our job is that we represent the citizens of Wyandotte
County/Kansas City, Kansas, and we’re interested in their best interest. I don’t know that our
county is ready to ban fireworks. There were calls that came to me, the Commissioners’ Office
August 14, 2006
and the Mayor’s Office with people unhappy about illegal discharge, shooting too late, shooting
before the date, shooting after the date and the whole thing of the clean-up. It has to do with me
with what it causes our city and citizens to have to put up with. I think information shows us this
year that there were a lot of expenses incurred by our Public Works Department and Park
Department. The property loss was five times as much as the property loss last year, not
counting the injury and a death. Those kinds of issues should cause us to look at fireworks and
ask, are we doing everything to make it as safe as it can be and are we giving a clear message to
our citizens. That letter is great to go out in neighborhoods, but actually if you go buy fireworks,
there is a letter right there that you get that says when you can shoot off and when you can’t. It is
in English and Spanish. When people purchase their fireworks, they get that information.
Whether they are reading it as they get it, is another thing. That was another thing that we made
a decision that they should be provided with that information.
I asked that this be on the Public Works Committee so you could have that information
and then have reason to consider whether there should be some changes made. Personally, I
think at this point, I don’t know that we’re ready to make any major changes. I think it is
difficult when people can purchase fireworks from June 29 to July 4, but yet they can’t shoot off
until July 2. Maybe move towards making it a little clearer as to when they shoot off and reduce
the number of days by one. We would be going from June 30 to July 4 and people would begin
to say that I can’t be shooting them off just because I buy them. Last year, one change was that
those people who were setting up stands couldn’t start putting them up the first of June. There
was a restriction when they could start just like when there is a restriction when they have to
have it broken down.
Commissioner Gilstrap stated we are not totally against it. I need more data. Not one person
has the data of how much money was brought in tax wise. Commissioner Pettey stated that
may be pretty difficult to get, the specific amount of money on sales tax, because I don’t think
it’s broken down by county; the amount of sales tax that your county generates in a month.
Commissioner Barnes stated that’s the kind of issue that a separate hearing process through a
committee form or task force can look at all these issues and weigh the pros and cons. We do
need a separate entity. Commissioner Gilstrap stated you have to buy fishing license, you
should buy a license to shoot off the fireworks. That is a way to pay for the clean-up.
Action:
IV.
Commissioner Barnes made a motion, seconded by Commissioner Ellison, to
direct staff from the Administrator’s Office to investigate the possibility of
addressing a fireworks committee. Roll call was taken and there were five
“Ayes,” Gonzales, Ellison, Cooley, Barnes, Gilstrap.
Public Agenda:
Item No. 1 – 060218…
Esperanza Amayo, the Mexican-American community,
requesting to rename the Argentine Community Center in
honor of Joe Amayo.
Esperanza Amayo, 1810 S. 22nd, stated I am here to make a request to rename the Argentine
Community Center in tribute to Joe Amayo for his many services and selflessness attention in
regard to our support-minded youth and senior citizens. Also, for his dedication to various
public service organizations. His good deeds helped promote the progress and tranquility of our
community. He motivated and taught young men the art of boxing in the basement of the
August 14, 2006
Argentine Parish House. Some of his trainees were awarded Golden Glove championships.
Other boxers gained professional status. Joe Amayo himself was a powerful boxer when boxing
bouts were held at the old Convention Hall arena in Kansas City, Kansas. Also, his superior
sporting abilities earned him recognition as a star football hero while playing for Argentine High
School in the 1920’s and 1930’s. He was one of the first few Mexican-Americans allowed to
enroll in Argentine High School during the time of society thoughtless supremacy. Permanent
honors are in order, least we forget our citizens whose caring contributions made a difference in
our life’s journey. Our segment has long debated the issue of honoring Joe Amayo for his
community services. Why is it that some of the individuals that get honors have to die? A
football player died in Missouri and he had a chartered school named after him. There was a
police woman who was giving out a ticket and she got a park named after her. In Argentine,
there was a young man who was in a car accident and he got an alley named after him. There
was another gentlemen and a park was named after him. He was the first Mexican-American
who worked for Water Pollution and had a baseball team.
Commissioner Gilstrap stated I can’t answer what other entities do, but we have a policy in
place. You are at the wrong meeting to request this. You need to go to a Park Commission
Board meeting.
Commissioner Barnes stated there is a procedure to gain support for this. That is why we want
to adhere to the current policy.
Phil Thomas, Park Board Chairman, stated my understanding is that you have grass root
support for this. The process is it comes in front of the Park Board. We’ll put together a
committee of three people and they will meet with you and they will come back to our Park
Board and we can make a recommendation to the Commission. The Commission can always
override anything that we do. I will make sure that this is on our September 13, 2006, agenda.
Commissioner Ellison stated I am very familiar with Joe Amayo. There is a process.
V.
Adjourn
Commissioner Gilstrap adjourned the meeting at 6:30 p.m.
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August 14, 2006