Meeting Information
Amended Agenda 10-12-09
4:00 p.m. - County Commission Meeting
-Convene
CONSENT AGENDA
(1)(a) Consider approval of Commission Orders;
(b) Grant authorization for Douglas County Application for an authorized Emergency
Vehicle Permit (Sheriff's Office)
REGULAR AGENDA
(2) KEMA Awards presentation to Emergency Management (Teri Smith)
(3) Consider approval of expenditure of 911 funds for mandated FCC Narrowbanding
Spectrum.(Selma Southard)
Flory called the regular session meeting to order at 4:00 p.m. on Wednesday,
October 14, 2009 with two members present. Thellman was absent.
CONSENT AGENDA 10-14-09
Flory moved approval of the following Consent Agenda:
► Application for an authorized emergency vehicle permit for Dillon Filkins, Kanwaka Township Fire Department.
Motion was seconded by Gaughan and carried 2-0.
EMERGENCY MANAGEMENT 10-14-09
Chuck Magaha, President of the Kansas Emergency Management Association, presented the awards to the following Emergency Management Staff: Teri Smith, Director of Emergency Management, as Emergency Management Professional of the Year; Sheila Meggison, Emergency Management Planner, for Outstanding New Emergency Management Professional; and Jillian Blair, Assistant Emergency Management Director, as a Kansas Certified Emergency Manager.
EMERGENCY COMMUNICATIONS 10-14-09
Selma Southard, Director or Emergency Communications, asked the Board to authorize the utilization of Douglas County 911 Fee Funds to upgrade the Douglas County's VHF Fire Radio System to the mandated FCC Narrowbanding Spectrum at a cost of $103,721.79 for Douglas County Emergency Communication's portion. Southard recommends using the company that previously installed the existing equipment being reprogrammed. Douglas County Emergency Management will seek grant funding for their portion ($17,457.51) of the system and the Kansas University Police Department's Communications Center will be paying for their portion in the amount of $987.56.
Flory moved approval to authorize use of Douglas County 911 Fee Funds to implement and upgrade Douglas County's VHF fire Radio System to the mandated FCC Narrowbanding Spectrum in the amount of $103,721.79. The motion was seconded by Gaughan and carried 2-0.
PUBLIC WORKS/ROAD EXTENSION 10-14-09
The Board continued their discussion concerning a request for a road extension of N 1675 Road at the southern end of E 350 Road in section 29-12-18, as tabled from the September 30, 2009 agenda. John Solbach, one of the property owners, stated he is not here representing the Vermettes as an attorney, but as an interested party in the road extension. The Vermettes are the other property owner in this request.
Flory commented that the Board needed to consider the following: 1) whether to approve the creation of road right-of-way, and if so, 2) whether access should be taken from the west as requested by the applicant or south as suggested by the Director of Public Works, keeping in mind the possibility of a road connection to the south with a road in Fox Run Subdivision sometime in the future.
Per a request by the Board, Keith Browning, Director of Public Works, discussed the west and south road extension options. Solbach stated that if the Board approved the west extension, there is already a road easement with the property owner to the north. If the Board approved the extension to the south, the property owner on the east side of the extension is unwilling to grant a right-of-way easement.
Flory asked if the road could extend south later, after extending the road to the west. Browning stated it could by petition or through a process like today. Gaughan raised concerns that a road extension to the west would not meet the policy criteria set out in Home Rule Resolution 08-5-2 concerning networking as a criteria for road extension. He asked Linda Finger, Planning Resource Coordinator, for her feedback.
Finger stated she needed to ask for some direction if networking is not the key issue for this Commission. Safety and environmental concerns are also discussed in the road evaluation criteria and they have been discussed as contributing factors today. Regardless of whether the road g s west or south, there is a low water crossing issue along E350 to the north of this property which increases safety concerns if more houses are added. Staff needs direction on what to advise property owners who have similar interests and what to come back to the Commission with in the future when others want road extensions.
Gaughan asked if a road was required south, from the western extension of N 1675 Road across Solbach's property, if Solbach would be required to subdivide his property. Finger confirmed that the creation of a road to the south of N 1675 Road would divide Solbach's property resulting in a division of the existing parcel.
Gaughan then asked what obligation Mr. Solbach would have in the future to dedicate road right-of-way to the south of N 1675 Rd if the County wants to create a connection between that road and the property south of Solbach's.
Solbach stated in 10 years if an easement is something the County wants, he will not raise a problem with the request. Solbach stated he is willing to put that in writing in a document for public record to attach to the Certificate of Survey, assuring that he would provide public right-of-way and that this would be a commitment that would run with the land.
Flory moved to proceed with scheduling a public hearing for formal determination of a petition for creation of N 1675 Road to the west of E 350 Road. He asked staff to draft a resolution creating new public road right-of-way from the terminus of E 350 to the west, based on a determination of the necessary footage needed for the construction of a road. Public Works will work with the applicants to determine what that footage should be. Flory also asked staff to work with the applicant to create language for the certificate of survey process, as a condition the Commission can add to the road approval, which would be filed with the Certificate of Survey. Motion was seconded by Gaughan and carried 2-0.
[Flory stated common sense will be the Board's key consideration to each situation in the future, with the basic theory being that the road evaluation criteria are to be applied using common sense. Gaughan stated he would like to use the road criteria but there may be a different standard for the weighting of factors in the reviewing of new road request. Both Commissioners indicated that the Board will work on language to help staff respond to future applicants and that will give clarity to their use and interpretation of the resolution.]
PUBLIC COMMENT 10-14-09
Russ Lang, local real estate agent, presented the Board with an issue regarding property his client purchased along a shared private drive. He was notified by Keith Dabney that the three properties along the drive would no longer have the opportunity to get building permits issued through the county because there is no record of the private drive having been approved by a previous County Commission. Lang stated the shared driveway issue has not changed for the properties he has represented since 1963. He has talked to Linda Finger and understood that a resolution to address private roads in a broader way was being worked on, but it had been two months and if that cannot be worked out he still wants the Board to address his specific concern. At this time, if the houses were destroyed by fire or tornado, they could not get a building permit to be rebuilt.
EXECUTIVE SESSION 10-14-09
At 5:25 p.m., Flory moved for the Board to recess to executive session for 30 minutes (or until 5:55 p.m.) to discuss the two issues. The justification for the first issue involved the acquisition of right-of-way for a Douglas County project. Attendees included: Evan Ice, County Counselor; Craig Weinaug, County Administrator; Pam Madl, Assistant County Administrator; Keith Browning, Public Works Director; and Michael Kelly, County Surveyor.
The second topic involved the need for consultation with the County Counselor on matters, which would be deemed, privileged under the attorney-client relationship. Attendees for this portion of executive session included:
Evan Ice, County Counselor; Craig Weinaug, County Administrator; Pam Madl, and Assistant County Administrator. Motion was seconded by Gaughan and carried 2-0.
The Board returned to regular session at 5:55 p.m. No action was taken.
ACCOUNTS PAYABLE 10-14-09
Flory moved to approve accounts payable in the amount of $532,201.18 to be paid on 10/15/09. Motion was seconded by Gaughan and carried 2-0.
Flory moved to adjourn the meeting; Gaughan seconded and the motion carried 2-0.
______________________________ __________________________
Nancy Thellman, Chair Jim Flory, Vice-Chair
ATTEST:
______________________________ _____________________________
Jamie Shew, County Clerk Mike Gaughan, Member
Time and Date