Meeting Information
See 4:00 p.m. entry for agenda and packet.
Thellman called the regular session meeting to order at 4:00 p.m. on Wednesday, December 16, 2009 with two members present. Gaughan arrived at a later time.
CONSENT AGENDA 12-16-09
Thellman moved approval of the following Consent Agenda:
► Commission Order Nos. 09-044, 09-045, 09-046 and 09-047 (on file in the office of the Clerk);
► Resolutions 09-45 and 09-46 for Midland Farm Store, 1401 N 1941 Diagonal Rd; and Cecil Monday's Bar & Grill, 2229 N 1400 Rd;
► Contract for financial audit services with RubinBrown in the amount of $74,280, and authorizes the Assistant County Administrator to sign the contract;
► Agreement with KDOT for the treatment of noxious weeds on state rights-of-way in 2010;
► 2010 outdoor warning siren maintenance agreement in the amount of $20,323.80 with Blue Valley Public Safety;
► Amendment to bylaws of the Lawrence-Douglas County Bicycle Advisory Committee;
► Authorization for the purchase of one 2010 Ford Crown police car from Laird Noller Ford in the amount of $22,285 to replace one totaled during a motor vehicle accident, and to waive the bidding formal bidding process. Budget funds and funds received from the insurance company will be used to cover the cost of this vehicle; and
► The 2010 County Employee Holiday Schedule as follows:
New Year's Day Friday, January 1
Martin Luther King's Day Monday, January 18
Memorial Day Monday, May 31
Fourth of July Monday, July 5
Labor Day Monday, September 6
Thanksgiving Thursday-Friday, November 25-26
Christmas Friday, December 24
Two (2) Personal Discretionary Days
Motion was seconded by Flory and carried 2-0.
PURCHASING 12-16-09
The Board considered a request to purchase equipment to improve technology in the Division VI courtroom. Jackie Waggoner, Purchasing Director, presented the item. In 2007, Pointmaker was installed in the Division I and Pro Tem courtrooms. This product allows evidence to be easily viewed by the judge, jury, witnesses, lawyers and the public. It is the intent of the court's to eventually upgrade each courtroom to this technology. Mission Electronics is the awarded State contractor for this equipment with a quote of $42,091. Funds are available in the equipment reserve fund.
Judge Robert Fairchild, Division 1, stated the upgrades have been very useful in his courtroom.
Flory stated there has been discussion of the State closing the courts for a period of days due to budget cuts. He asked if the money in the equipment reserve can be used for salaries to keep the courts open. Fairchild stated that if the courts close it will be by order of the state and all locations will close.
Ken McGovern, Douglas County Sheriff, stated the equipment allows for video conferences which saves time and man power for the Sheriff's office.
Thellman opened the item for public comment. No comments were received.
Flory moved to waive the formal bidding process and to authorize staff to access the State contract with Mission Electronics Inc. in the amount of $42,091 for technology improvements in the Division VI courtroom. Motion was seconded by Thellman and carried 2-0.
PLANNING & ACCESS MANAGEMENT REGULATIONS 12-16-09
Linda Finger, Planning Resource Coordinator, gave a presentation to the Board on staff's annual review of the Access Management Standards, noting inconsistencies found by staff when reviewing how the Regulations are written and how they are being administered & implemented. The access management system created a classification system for all public roads in the county based on their function, e.g. traffic carried, posted speed limits, design speeds, etc. Based on the different functional classifications, a range of minimum road frontage requirements were put into place. These regulations have been amended twice since they were adopted in October 2006. Staff's review came as part of a discussion with the County Counselor on the distinction between private roads and private drives. Based on changes to minimum road frontage requirements created by resolutions since 1994, the regulations would not consider some properties eligible for entrance permits for residential development. Staff believes it was the intention of the previous Board of County Commissioners that a property qualifying for an entrance permit prior to the 2006 adoption of Access Management Standards should be able to apply for and receive an entrance permit after adoption of the new regulations. Properties with access to higher classifications of road, major collectors and arterials, may be required to work with the County Engineer to determine the best location for a new entrance. This is how staff has been implementing the regulations but this is not consistent with the written text of the regulations. The purpose of this review is to bring this inconsistency to the Commission's attention and to present to the Commission a recommendation to revise the Access Management Standards.
It was the consensus of the Board to table this item for the January 6 meeting so the Board can review the suggested revisions to the regulations.
JAIL/PURCHASING 12-16-09
The Board considered the approval for the installation of a solar thermal system on the roof of the Douglas County Jail. Gabriel Engeland, Administrative Intern, presented the item. The solar thermal system was an option that came from the Custom Energy audit performed on Douglas County buildings in 2008. Hot water accounted for 5% of the overall natural gas cost to Douglas County in 2007, and up to 73% of the water used at the jail. With the projection that natural gas costs will increase in the future, installing a solar thermal system at the jail is a low-cost, low-maintenance proposition. The system is expected to pay for its self in 7 to 10 years.
The Board discussed the life expectancy of the system as being approximately 15 years. The project currently d s not comply with block grant funding. The County, through a private lease option, or tax credit sale, can reduce the overall cost of the project by 30%. Funds are available in the Building Fund. This project would be a step toward conserving natural resources.
Ken McGovern, Douglas County Sheriff, stated the jail has three boilers. The system would be installed on the largest one. He is in support of the project.
Thellman opened the item for public comment. No comment was received.
It was the consensus of the Board to support the installation of the thermal solar panel system for the jail and for the County Administrator to handle the approval of the funding.
PURCHASING/EMERGENCY COMMUNICATIONS 12-16-09
The Board considered the approval to allocate funds for the replacement of the current 911 recording system. Selma Southard, Director of Emergency Communications, presented the item. The current 911 recording system was purchased in 1998 and has become unreliable. The life expectancy of this type of recording system is 10 years. The proposed system would increase the recording channels from 32 to 48. Staff recommends upgrading to the Nice Inform system which will allow for future capabilities as Next Generation 911 technology becomes available.
While looking at purchasing options from cooperative contracts, staff became aware of a Johnson County contract with Voice Products Inc., our current provider, whose contract allows for a piggy back clause that allows us to access their pricing until the end of 2009. Their proposed amount of $93,377 includes software, hardware, installation, training and a one-year warranty on both hardware and software. If approved, staff will utilize 911 State funds to purchase the system.
Thellman opened the item for public comment. No comment was received.
Flory moved to authorize staff to access and execute the Johnson County contract with Voice Products, Inc. in the amount of $129,939.93 for the purchase of a 48 channel 911 recording system with Nice Inform; and authorizes staff to access the State contracts for the servers through Dell at a cost of $15,220, and the licenses through Software House International at a cost of $5,165. Motion was seconded by Thellman and carried 3-0.
PUBLIC WORKS 12-16-09
The Board considered an entrance permit approval agreement for an entrance into Route 1-E within Lone Star Lake. The original entrance request was discussed at the October 21, 2009 meeting. Keith Browning, Director of Public Works, presented the item.
Thellman opened the item for public comment. No comment was received.
Thellman moved approval of the entrance permit, with conditions as listed in the agreement, for entrance on to Route 1-E within Lone Star Lake Park, servicing Scott Chesbro's property. Motion was seconded by Flory and carried 3-0.
MISCELLANEOUS/PUBLIC WORKS 12-16-09
Keith Browning, Director of Public Works, stated in the 2010 Budget, there is money allocated for crushed rock aggregates for road and park maintenance. He asked the Board to authorize staff to request bids for crushed rock.
Flory moved to authorize the Director of Public Works to seek bids for crushed rock for the 2010 season. Motion was seconded by Thellman and carried 3-0.
BUDGET 12-16-09
The Board considered the approval of an amendment to the 2009 County Budget regarding the collection of a $140,000 one-time revenue payment due to an error by the State for fuel tax. The money was transferred to a capital account which requires an amendment.
Thellman opened the item for public comment. No comment was received.
Flory moved approval an amendment to the 2009 County Budget Motion was seconded by Gaughan and carried 3-0.
EXECUTIVE SESSION 12-16-09
At 5:10 p.m., Thellman moved that the Board recess into Executive Session for 30 minutes (until 5:40 p.m.) on an item for consultation with staff for the purpose of discussing security matters in public buildings owned by Douglas County. Attendees included: Jackie Waggoner, Purchasing Director; Pam Madl, Assistant County Administrator; Pam Weigand, Director of Youth Services; and Craig Weinaug, County Administrator.
At 5:40 p.m., the Board returned to regular session.
Thellman moved to waive the bidding process and authorized the Purchasing Director to negotiate a contract related to security. Motion was seconded by Flory and carried 3-0
Thellman moved for the Board to recess until 6:35 P.M. Motion was seconded by Gaughan and carried unanimously.
The Board reconvened at 6:35 p.m.
AGREEMENTS/CITY OF LAWRENCE 12-16-09
The Board considered the approval of a Cooperation Agreement with the City of Lawrence to provide for the purchase of the West Oread Labs building. Craig Weinaug, County Administrator, presented the item. Roger Zalneraitis, Economic Development Coordinator/Planner with the City of Lawrence, was present to receive questions from the Commission. Also in attendance was Diane Stoddard, Assistant City Manager.
Regarding the purchasing of the lab, there will be three documents that will come before the Commission before the building purchase is fully executed:
A Cooperation Agreement (which is on the agenda tonight), a real estate contract, and an agreement between the Bio-Science Authority and the local governments. The City and County will be equally responsible for the benefits and the payment of the bonds. Because the City has more bonding authority than the County, the City will issue the bonds.
It was the consensus of the Board that they are in agreement to pass the Resolution for the Cooperation Agreement with stipulations as defined in the motion.
Flory moved to approve Home Rule Resolution 09-12-4 of the Board of County Commissioners of Douglas County, Kansas, authorizing the acquisition of certain real property and improvements thereon for economic development purposes and authorizing the entering into of a Cooperation Agreement with the City of Lawrence, Kansas regarding the financing, ownership, and operation of said real property and improvements. Also noting the Board is authorizing the chair to execute the cooperation agreement and authorizing the chair to execute the real estate contract contingent upon a review, for form and substance by the County Counselor. The Board is also noting the chair is authorized to sign and execute the lease agreement when the County Counselor feels appropriate under the same conditions that the lease agreement be reviewed for form and substance by the County Counselor. If the Chair or County Counselor at any point has issues, the agreements are to be brought back to the Commission for approval. Motion was seconded by Gaughan and carried 3-0.
ACCOUNTS PAYABLE 12-16-09
Thellman moved to approve an accounts payable in the amount of $167,682.81 to be paid on 12/17/09; and a wire transfer in the amount of $304,277.61 paid on 12/14/09. Motion was seconded by Flory carried unanimously.
APPOINTMENT 12-16-09
Gaughan moved to reappoint Melissa Boisen to the Douglas County Community Corrections and Youth Services Advisory Board for a second term to expire, December 31, 2011. Motion was seconded by Thellman and carried 3-0.
APPOINTMENT 12-16-09
Gaughan moved to appoint Daniel Poull, Chair of the City of Lawrence Sustainability Advisory Board; J.R. Lewis, Checker's Grocery Store; and Kenneth Baker, Owner and Executive Chef of Pachamama's Restaurant, to the Douglas County Food Policy Council. These representatives fill slots left vacant on the Food Policy Council from the November 11, 2009 meeting where the Board approved the Council. Flory also asked Emily Jackson, Management Intern, to follow up on adding two traditional agricultural representatives to the Douglas County Food Policy Council. Motion was seconded by Flory and carried 3-0.
Thellman moved to adjourn the meeting; Gaughan seconded and the motion carried 3-0.
______________________________ ____________________________
Nancy Thellman, Chair Jim Flory, Vice-Chair
ATTEST:
______________________________ _____________________________
Jamie Shew, County Clerk Mike Gaughan, Member
Time and Date