Meeting Information
Amended Agenda
-Convene
-Consider the approval of minutes for October 1, 2008.
-Proclamation for "Community Planning Month"(Dan Warner)
-Proclamation for "Disability Employment Awareness Month, October 2008" (Peggy Wallert)
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
REGULAR AGENDA
(2) Public hearing for the Health Department's formal request for approval of the revised Douglas County Sanitary Code. (Richard Ziesenis)
(3) Discussion of a previous Commission approval in 1985 of a private road, authorized to serve two residential properties but not restricted from serving three residential properties. Applicant is Larry Hughes - E.936 Rd.(Keith Dabney)
(4) Consider vacation of an untraveled portion of N2190 Road (Linda Finger/Michael Kelly)
(5) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(6) Adjourn
Johnson called the regular session meeting to order at 6:35 p.m. on Wednesday, October 15, 2008 with all members present.
Jones moved to approve the minutes of October 1, 2008. Motion was seconded by McElhaney and carried unanimously.
PROCLAMATION 10-15-08
Dan Warner, Lawrence-Douglas County Metropolitan Planning Staff, read a proclamation proclaiming October 2008 as "Community Planning Month." Johnson moved approval of the proclamation as read; Jones seconded and the motion carried unanimously.
PROCLAMATION 10-15-08
Peggy Wallert, Cottonwood Inc., read a proclamation proclaiming the month of October 2008 as "AbilityOne Month." Johnson moved approval of the proclamation as read; Jones seconded and the motion carried unanimously.
CONSENT AGENDA 10-15-08
Jones moved approval of the following Consent Agenda:
► Commission order No. 08-065 (file with the office of the Clerk)
Motion was seconded by McElhaney and carried unanimously.
HEALTH DEPARTMENT 10-15-08
The Board conducted a public hearing for the Health Department's formal request for approval of the revised Douglas County Sanitary Sewer Code. Richard Ziesenis, Director of Environmental Health, was present for the discussion.
Jones asked who has had the chance to review the revised document. Ziesenis stated a Health Board Hearing was conducted and no comments were received. Also 16 letters of notification were sent to homebuilders and realtors. He received only two replies with both being positive. In addition, notification of the hearing was published in the local paper once a week for three consecutive weeks.
Johnson asked what appeal process is available if an owner is unhappy with the inspection outcome. Ziesenis stated that any part of the Sanitary Code allows for a variance procedure.
During the discussion, the Commissioners asked for clarification on several items, however the consensus was they are in agreement with the revisions. It was determined that the document was missing some of the text and the Commissioners wanted to review the document in its entirety before approval.
It was the consensus of the Board to continue the public hearing at the Monday, October 20, 2008 meeting and to place the item on the Consent Agenda.
ZONING & CODES 10-15-08
The Board discussed the extension and/or realignment of a previously approved private road located at E 936 Road. Keith Dabney, Director of Zoning and Codes, was present for the discussion. The private road was approved for two residences by the Board of County Commissioners on April 11, 1985.
Dabney stated the applicant, Larry Hughes, is asking the Board to grant access for a third residence along a private road which ends at Anthony Hayden's property. The official minutes for the April 11, 1985 Commission meeting did not address allowing a third residence, and gave specific description of the private road.
Larry Hughes, applicant, stated he believes his property falls under the grandfather clause where up to three residences could be allowed on a private road.
Tony Hayden, resident on E 936 Road, stated he prefers the applicant take access to his property from the south. Extending the road would invade his privacy by coming within 10 feet of his house.
McElhaney suggested the applicant contact the City for other options. He is not in support of the third residence.
Johnson stated that he feels private roads are not a good idea and he is unlikely to vote for the amendment to create three houses on a private road.
Jones stated there is no evidence in the 1985 minutes to support the third residence. He feels that private roads create bad situations and bad public policy. He sees no evidence of a grandfather clause and he will not support an amendment for a third residence on the private road.
It was the consensus of the Board that the Commissioners will not agree to allow three houses on the private road.
PUBLIC WORKS 10-15-08
The Board considered the vacation of a portion of N2190 Road from 440E to 452E. Michael Kelly, County Surveyor, asked the Commission to table the item for further discussion with the property owner.
The item was tabled for a future agenda.
ACCOUNTS PAYABLE 10-15-08
Jones moved to approve accounts payable amounts of $341,922.50 for a wire transfer paid on 10/09/08, $841,473.11 paid on 10/06/08; payroll in the amount of $754,107.81 paid on 10/09/08; KPERS in the amount of $66,233.17 paid on 10/10/08; and FICA in the amount of $55,470.96; and a manual check in the amount of $7.50 paid on 09/15/08. Motion was seconded by McElhaney and carried unanimously.
APPOINTMENT 10-15-08
McElhaney moved to reappoint Lawrence James and Dave Anderson, to the Board of Zoning Appeals for a second term to expire October 31, 2011. Motion was seconded by Jones and carried 3-0.
APPOINTMENT 10-15-08
Jones moved to appoint Bessie L. Walker, Lawrence, Kansas, to the Douglas County Community Corrections and Juvenile Correctors Advisory Board, with her term to expire October 2010. Motion was seconded by McElhaney and carried 3-0.
Jones moved to adjourn the meeting; McElhaney seconded and the motion carried.
____________________________ ____________________________
Bob Johnson, Chairman Jere McElhaney, Vice Chair
ATTEST:
_____________________________ ____________________________
Jamie Shew, County Clerk Charles Jones, Member
Time and Date