Meeting Information
6:35 p.m.
CONSENT AGENDA
(1)(a) Consider approval of Commission Orders;
(b) Consider authorization for County Commission Chair to sign a letter addressed to Dave White, Chief of the NRCS Office, requesting support in obtaining federal funding for rehabilitation costs on the Yankee Tank dam (Craig Weinaug)
REGULAR AGENDA
(2) Consider approval to revised Text Amendment TA-10-22-09 to the Zoning Regulations for the Unincorporated Territory of Douglas County to create a new Business District to support rural conference, recreational, and tourism sites. Initiated by the Board of County Commissioners on 6/24/09. Recommended for approval by the Planning Commission on 1/27/10. (Mary Miller is the Planner)
(3) Discussion of noxious weed control, the problem of drift spray on specialty crops (Nancy Thellman)
(4) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(5) Adjourn
Thellman called the regular session meeting to order at 6:35 p.m. on Wednesday, July 14, 2010 with all members present.
SUPPORT LETTER/YANKEE TANK DAM 07-14-10
A federal earmark of $1 million has been secured for rehabilitation work for the Yankee Tank Dam Structure No. 24, or commonly known as Lake Alvamar Dam. The total cost of the project is estimated at $1,988,600. The following partners have allocated funds as follows:
Property Owners (through special assessment districts) $180,000
State Water Office (Conservation Commission) 100,000
KDOT 75,000
City of Lawrence 75,000
Douglas County 50,000
$480,000
The remaining costs would be the responsibility of the Wakarusa Watershed District, the owner of the dam facility. The district would assume all risks and receive the benefits related to the project.
Flory moved to authorize the Commission Chair to sign a joint letter to the Natural Resources Conservation Service (NRCS) in support of funding for Yankee Tank Dam improvements. Motion was seconded by Gaughan and carried 3-0.
PLANNING 07-14-10
The Board considered the approval of the revised language for text amendment TA-10-22-09 to the Zoning Regulations for the Unincorporated Territory of Douglas County to create a new Business District to support rural conference, recreational, and tourism sites. Amy Brown, Lawrence-Douglas County Metropolitan Planning Staff; and Keith Dabney, Director of Zoning & Codes, discussed the history of the text amendments and the revised language to clarify that accessory uses or non-rural tourism issues would only be permitted in the district when they are associated with a rural tourism.
Thellman opened the item for public comment.
Rick Hird, 856 E 1150 Rd, stated he applauds the County Commission and staff for putting the zoning changes for agri-tourism in the works. It's a tremendous opportunity for Douglas County to bring money into Douglas County instead of watching it go out.
Gaughan moved to approve the proposed Rural Tourism Business District Text Amendments as revised. Motion was seconded by Thellman and carried 3-0.
PUBLIC WORKS 07-14-10
Nancy Thellman initiated a public discussion regarding noxious weed control and the problem of drift spray on specialty crops.
Thellman opened the item for public comment.
Shawn Hackett, Pesticide Field Supervisor for the Kansas Department of Agriculture, was asked by Greg Shipe, local vineyard owner, to speak at the meeting. Hackett has worked numerous drift complaints over the years. This year he has received three sensitive crop complaints with two coming from Douglas County. Hackett suggested farmers spray in the fall after the leaves have fallen from the sensitive crops, which will create some residual in the spring and will help eliminate damages to vineyard crops. Farmers can call the Extension Office or the Kansas Department of Agriculture if there are questions on what type of sprays and amounts of application to use. He acknowledged the Douglas County Public Works department d s a good job working with the state on eliminating spray drift.
Rick Hird, winery owner, stated he has had damage to his crops from 2, 4-D spray drift and had to replant. He feels there needs to be a practical solution such as restricting spraying until the fall when the leaves have fallen from the vines.
Kandaya "Pep" Selvan, Bluejacket Crossing Winery, stated the County notifies property owners when they have noxious weeds, but there is a timeline to spray or receive a fine. After letters come out, he gets drift damage. He feels the letter causes people to get nervous and run out and buy the cheapest spray they can find. After making a complaint, the state comes out and takes samples and he usually receives a letter stating the damage was caused from 2, 4-D spray.
Thellman asked if after a resident receives a letter, could the owner mow down the thistles or dig as opposed to using spray1/2 John Landon, Public Works Noxious Weed Division, stated spraying is only one option. Information is included along with a letter that explains the different treatment options available. The information also explains preferred times of the year to spray. He also explained that we cannot forbid use of chemicals during certain times of the year as long as state law allows it.
Hackett stated out of 11 products available on the market, all can damage grapes or sensitive crops. There are states that have no spray dates. However, Under KSA 224-80, you cannot pass a local law against pesticide use.
Flory confirmed there are two complaints in Douglas County. Hackett stated "yes" but Douglas County is ahead of all the other Kansas Counties in working with this situation.
Milton Bland, Douglas County resident, stated he neighbors a vineyard and owns 150 acres himself. He is concerned about the sericea lespedeza weed being a greater concern than thistles.
It was discussed that a "no spray date" would have to go through the legislature. At this time the Board can only suggest and/or encourage a spraying time. Public Works will consider adding a paragraph in the County notification letter regarding preferred dates for spraying.
No action taken.
PUBLIC WORKS 07-14-10
Flory moved to authorize the chair to execute a contract for Highway Purposes for and easement for Right-of-way for project No. 0657190; Road No. 642 (E1950 Rd); Street No. 06.57N-19.50E, Tract 2 with Harold C. Shephard and Marla Jo Webster, 435 Elm Street, Lawrence, Kansas. Motion was seconded by Gaughan and carried 3-0.
ACCOUNTS PAYABLE 07-14-10
Gaughan moved approval of a wire transfer in the amount of $400,000.00 paid on 07/08/10; and accounts payable in the amount of $2,728,013.05 to be paid on 07/15/10. 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