Memorandum

City of Lawrence

Police Department

To:             David L. Corliss, City Manager

From:        Tarik Khatib, Chief of Police

Cc:             Diane Stoddard, Assistant City Manager

                   Cynthia Wagner, Assistant City Manager

                   Toni Wheeler, City Attorney

Date:                   December 11, 2012

Re:             FOP Lead Reclamation

BACKGROUND

The Lawrence Police Department and Douglas County Sheriff’s Office began utilizing Fraternal Order of Police (FOP) Lodge #2 (768 E. 661 Diagonal Road) to conduct law enforcement firearms training and qualification in the early 1970’s.  When the current Law Enforcement Center (LEC) was constructed in 1976, accommodations were made for an indoor firing range.  The range was never placed into an operational status due to air quality and environmental concerns.  Both departments have continued to use the FOP over the ensuing years.  More recently, discussion has occurred at the Lawrence-Douglas County Planning Commission and the County Board of Commissioners concerning the continued use of the FOP shooting range.  On October 26, 2011 the County Commission approved a Conditional Use Permit (12-8-10) for the FOP to continue to operate a range, subject to certain conditions.  One of the conditions was to provide a lead management plan to planning staff within one year of approval of the CUP.

LEAD MANAGEMENT PLAN

The FOP has received a fixed price proposal from Metals Treatment Technologies (MT2) for lead reclamation and environmental maintenance services at the pistol and rifle ranges.  This includes, “excavation and removal (via screening) of the lead bullets and bullet fragments from the backstop berms and range floor soils, recycling of recovered lead, and re-installing soils back onto the firing range berms and floor to allow continued use”.  Optional services are to:

· “Chemically treat the lead fines remaining in the screened soil with ECOBOND® to significantly reduce the leachability of lead (Pb) into surface soils per US EPA BMPs before replacing screened soils to the range at a minimal price that can be paid using proceeds from lead recycling”;

· “Remove soil around the target stand area and construct a 2 tier timber knee wall to protect target stands from potential damage”;

· “Install Range-provided sand to the bullet impact zone of re-constructed backstop berm”;

· “Purchase and install rock-containing “socks” to function as a check dam for drainage control”;

· “Complete an Environmental Stewardship Plan (ESP) for the range to support future range management and ensure compliance with US EPA BMPs”.

As outlined on page 6 of the attached MT2 proposal, the total price for the lead reclamation and options is $39,080.  It is recommended that all the listed options be implemented as this would be the first time in the approximately 40 years of operation of the range that such an initiative has been undertaken.

MEMORANDUM OF UNDERSTANDING

The FOP has approached the City and County in regards to assistance in the funding for the lead reclamation and associated environmental improvements.  Since the Lawrence Police Department and the Douglas County Sheriff’s Office have been and are likely to continue to be the principle users of the range, it is recommended that the City contribute to the project.  The attached Memorandum of Understanding (MOU) has been prepared by the County to outline the responsibilities of the three interested parties to the agreement: the FOP, the County, and the City.   The total project cost is estimated at $40,000.  The specific proposed financial responsibilities are: FOP - $4,000, County - $12,825, and City – $ 23,175.

DISCUSSION

The FOP is comprised of approximately 260 members, a vast majority of which are either active law enforcement or retired law enforcement from the Lawrence Police Department or Douglas County.  Most of the active and retired members are likely to have engaged in firearms shooting at the FOP as part of their duties (department training) or in relation to their duties (off-duty practice that benefits their departments).   There are approximately 36 associate, or non-law enforcement members which may utilize the range on occasion.  Overwhelmingly, shooting range usage is directly tied to law enforcement.  In discussions with the FOP, a 10% (or $4,000) financial responsibility for the initial project was discussed and appears appropriate.  The remaining $36,000 would then be the responsibility of the City and County.  The Lawrence Police Department has an authorized commissioned strength of 150 (2013).  All are required to be trained with and carry firearms.  The Douglas County Sheriff’s Office has 86 positions that carry firearms.  The percentages of the total 236 law enforcement officers would be: 64% City and 36% County.  The MOU proposed which calls for a $23,175 City contribution and $12,825 County contribution are reflective of those percentages.

The MOU stipulates that any savings on the project would be kept by the FOP to offset ongoing environmental maintenance.  In addition, the FOP will be responsible for budgeting for future environmental maintenance.  The FOP charges the City and County a daily use fee ($193) and the MOU allows for reasonable additions to budget for future environmental maintenance; something that is not currently part of that fee.

RECOMMENDATION

The FOP approved the MOU on December 10, 2012.  It is recommended that the City enters into the MOU and contributes $23,175 to the project within the 30 days of the FOP approval.