Meeting Information
6:35 p.m.
-Convene
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
REGULAR AGENDA
(2) Conduct hearing for public comment concerning possible reversal of minimum maintenance designation to normal maintenance for a portion of E1800 Rd. (Michael Kelly)
(3) Consider a resolution for reversal of minimum maintenance designation to normal maintenance for a portion of E1800 Rd. (Michael Kelly)
(4) Public Hearing for 2011 Budget
(5) Consider approval to solicit bids for restoration of windows in the courthouse (Craig Weinuag)
(6) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(7) Adjourn
.
Thellman called the regular session meeting to order at 6:35 p.m. on Wednesday, August 18, 2010 with all members present.
PUBLIC WORKS/PUBLIC HEARING/RESOLUTION 08-18-10
The Board conducted a public hearing to accept comments on the proposed rescinding minimum road maintenance for a portion of E1800 Road between N 774 Road and N 791 Road in Palmyra Township and reestablishing normal road maintenance. Keith Browning, Director of Public Works, explained the request for normal maintenance was made by the township. There will be improvements made to the road, but not a burden according to the township. The request was approved by the Lawrence-Douglas County Metropolitan Planning Commission on February 22, 2010 on an 8-0-1 vote.
Thellman moved to open the public hearing to receive comments. Motion was seconded by Flory and carried.
Dan Wilcox, 777 E 1800 Road, stated he is supportive along with his neighbors of the change to normal maintenance because the school bus will be allowed to pickup up on improved road.
Thellman moved to closed the public hearing; Flory seconded and the motion carried 3-0.
Flory moved to approve Resolution 10-20 rescinding the "Minimum Maintenance" designation for a portion of E1800 Road. Motion was seconded by Thellman and carried 3-0.
PUBLIC HEARING/BUDGET 08-18-10
As advertised, the Board conducted a public hearing regarding the 2011 Budget. Craig Weinaug, County Administrator, opened the discussion with a recap of the current budget and the proposed mill levy increase estimated at 2.932 mills.
Commission Flory stated he was not comfortable with the proposed budget and recommended an amendment to the published budget that would reduced the Heritage line item to zero by removing the proposed $350,000; reducing Economic Development by $350,000 also bringing the line item to zero; and removal of merit/bonus awards for county employees in the amount of $162,372, lowering the proposed mill increase to 2.166 as opposed to 2.9.
Thellman moved to open the public hearing; Flory seconded and the motion carried 3-0.
Ken Grotewiel, 1552 Fountain Drive, stated he is supportive of the current proposed budget, though he feels it imposes some hardship for some. He stated the budget is a responsible and tight budget. The money towards economic development is a commitment to leaving a legacy. Grotewiel also spoke in support of heritage and open space because it could help save prime agricultural lands and build the local food system.
Louise Wintermantel, 446 E 1100 Road, stated she is supportive of altering the budget as proposed by Commissioner Flory. She feels it d sn't matter how much the County spends to preserve land, if taxes continue to increase, residents won't be able to keep their farms. She thinks the County should tighten its belt and not think of new ways to spend money.
Charles Wintermantel, 446 E 1100 Road, stated he cannot understand how we can raise taxes with the number of people who cannot pay their taxes now. Mr. Wintermantel, Willow Springs Township Trustee, commented that the township actually lowered their mill levy this year to try to accommodate residents.
Gary Price, 263 N 1358 Road, feels an increase in taxes will place a burden on those on a fixed income. In these economic times, a property tax increase should only occur for the necessities. He believes funding for land preservation should be voted on by residents and funded by an increase in sales tax since it is for all residents and not just the landowners.
Mark Wulfkule, 198 N 1250 Road, supports Commissioner Flory's proposed amendment to the budget. He has concerns with how the money would be used for Heritage. Wulfkule believes the government already owns approximately 10,000 square acres in Douglas County, with much of it not being taken care of. He feels the land trust issue should be voted on. He stated, however, some money should be put into the fairgrounds because the community building is run down.
Dale Nims, 1928 Countryside Lane, stated he is an historian who feels it is important to do the open space preservation now because our county is changing by urbanizing. If not, we will lose what makes Douglas County special. He feels land preservation should be a public expense because it is of public value. The $350,000 is small and should be seen as an investment.
Denny Johnson, 1855 N 700 Road, said he is astounded that the Commission would consider raising taxes. The time is totally inappropriate. He said the County shouldn't purchase anything that is not absolutely necessary to hold the tax line.
Hank Booth, 1031 E 1200 Road, represented the Chamber of Commerce. Booth stated he d s not like to have his taxes go up, but feels it is absolutely essential to create the funding necessary to compete for the jobs that are going to be created in the next 5-6 years.
Paul Bahnmaier, 393 N 1900 Road, stated for the past 10 years, commissioners have strongly supported the Freedom Frontier National Heritage Area. Tourism is economic development. Our history is where the Civil War began. He believes the National Heritage Area preservation will drawer tourists into this county who will spend money.
Patrick Wilber, 5210 Durham Court, said he is supportive of Commissioner Flory's amendment to the budget because a lot of people are hurting right now. He feels the heritage and land preservation can be put off a year or be privately funded.
Al Davis, 690 N 1550 Road, stated he supports Commissioner Flory's proposed amendment to the budget. He asked the Commission to not raise taxes.
Jason Fizell, 16E 13th Street, representing the Kansas Land Trust, stated he feels there is no better way to protect land than with a land trust. Land trust programs will compensate private land owners to keep their property in productive agriculture. Since the program's conception 20 years ago, 11 of the 42 easements on file are in Lawrence. But, according to Fizell, we are now falling behind. We elected our leaders to lead. This is only a down payment on what we need to do. He feels $350,000 is not a lot of money if it allows us to bring in $350,000 matched dollar for dollar from federal sources. In his opinion, a $6 increase on a $150,000 house per year is affordable.
David Johnson, 200 Main, CEO of Bert Nash Center, discussed cuts in Bert Nash funding. He said Bert Nash has tightened their belt, laid off employees, and cut pay and benefits. The amount proposed by the County is just a portion of what was lost, but they won't have to close their doors. With the amount budgeted from the County, Bert Nash can again complete functions they are supposed to be doing.
Amy Wintermantel, 420 E 1750 Road, stated she supports Commissioner Flory's amendment to the budget because according to facts she read, unemployment in Douglas County has doubled in the past 10 years. And coupled with President Obama saying we will not see significant economic ease for several more years, she said she thinks what is proposed in the budget is admirable, but it is not the right time.
Toni Kalousek, 1857 E 300 Road, stated she supports Commissioner Flory's proposed budget amendment. She has concerns on funding for heritage and open space preservation because she d sn't understand what these funds are going to support. Nothing has been done with the Farmland property yet. She feels some of the items proposed are luxuries, not necessities, and she would like the right to vote on funding for these options.
Ron Benedick, 523 Frontier Road, supports Commissioner Flory's amendment. He feels taxpayers on a limited income can't afford some of the luxuries proposed in the current budget.
Kerry Altenbend, 431 Forrest Avenue, stated he believes Douglas County heritage is in jeopardy because of development and many other factors. Next year is the 150-year anniversary of the Civil War. A huge wave of tourism will come from this. Altenbend thinks if we do not invest in heritage, we will miss the boat. There will be millions of tourists who will be visiting the Civil War sites and it all started in Douglas County. Heritage needs help for development.
John Wilson, 940 New Jersey, supports the open space preservation and heritage items proposed in the budget. What he sees in the budget are new ways to create revenue for the county.
Frank Norman, 468 N 1700 Road, is supportive of the $350,000 for the heritage and open space preservation efforts. We have lost most of our prairies, the quality of our lakes and streams has decreased, and we have sedimentation issues in the Clinton Reservoir. He feels open space would be a good, initial step in somewhat correcting these problems. It would also be good for recreational users and nature lovers. He would like to see our area history more emphasized.
Kay Krugler, 1235 N 1100 Road, supports Commissioner Flory's amendment. She feels the county should support only items that are necessary and not luxury. Krugler stated she has not had a wage increase for three years and feels the budget should be cut.
Mary Rogers, 1276 N 900 Road, stated she is on a fixed income and is supportive of Commissioner Flory's amendment proposal.
Don Schwartz, 319 E 1100 Road, supports Commissioner Flory's proposal. He stated he is not receiving any type of cost-of-living increase and d sn't feel county employees should either. He d s not want to see his property taxes increase.
Dennis Brown, 806 Ohio, said it sounds like two-thirds of the proposed increases are things we can't do anything about due to state and federal cuts. He is glad the county is helping Bert Nash, even though they will still have to reduce some services, and supporting the Watkins museum. His two items of most concern are economic development and heritage funding. He believes we need all kinds of jobs in the county and d sn't want the county to only focus on bioscience. He is supportive of the current budget.
Greg Robinson, 3116 Trail Road, supports Commissioner Flory's amendment proposal. He would like to see all economic development removed from the budget. He feels development is expensive and new jobs come with new houses, which will create new roads and cost to the county. He is also opposed to the $100,000 DUI attorney item proposed.
Charles Thomas, 673 E 475 Road, feels the timing is not appropriate for the visions proposed for heritage and economic development. He is seeing an increase in people with need. He asked the Commission to look at the individuals in the county as opposed to the overall vision. Thomas stated if you look at the big picture, it's easy to say yes to some of these projects, but when you look at the individuals, you will see it is not the right time for these projects.
Tom Kern, 1821 Carmel, President of the Chamber of Commerce, stated his support for economic development. When the largest growing companies in the area plan to expand in Douglas County, potentially bringing in several hundred new jobs, he believes we have to have incentives to help that company accomplish that expansion. We need to develop the resources to be able to compete with surroundings communities who are spending 2 to 6 times more money to attract jobs and also to assist existing businesses. Kern stated he is supportive of the heritage and open space preservation items and the continued support for Bert Nash services.
David Nottinghamm, 1274 N 650 Road, stated his business was closed due to the realignment of Highway 59, cutting his income by two-thirds. He works for farmers as a mobile veterinarian and feels they are struggling, so he can't raise his rates. He is opposed to a tax increase.
Thellman moved to close the public hearing. Motion was seconded by Flory and carried 3-0.
Flory addressed his proposed amendment. He stated he looked at the core responsibilities of the county which include public safety, essential human services and infrastructure. These are commitments we must tax for and residents receive public benefits from them. He agrees with the other Commissioners on the addition of a DUI attorney for the District Attorney's office. The reentry program for the jail is cost effective and you will see benefits in the area of public safety. The disagreement he has with the other Commissioners comes on funding areas he considers important, but noncritical. He supports heritage and economic development, but feels they should not be supported by tax dollars, unless supported by citizens in an election. These items can be voted on by the public and if passed, will supply an ongoing source of revenue. Flory d s not feel it is up to the commission to mandate that tax payer dollars be spent on these items. He said we have cut various equipment and capital improvement funds, though we didn't want to. We denied several personnel requests in various departments, eliminated a pay increase for experienced employees and reduced merit increases to a bonus rather than a merit pay raise so the funds would not carry on from year to year. The proposed amendment would eliminate the merit bonus. He feels it is bad enough that we have to raise taxes for critical services, but he said he is more than willing to do that when it comes to public safety and infrastructure. With people struggling right now, every little bit hurts. He cannot in good conscience support these items. He has joined the other Commissioners on the items he feels are essential and vigorously opposes those he feels are nonessential.
Gaughan stated he supports the budget as proposed. He understands what that means to families in the audience, his family, neighbors and constituents, but he can't support a zero mill levy increase. With a zero increase in budget, we would have to eliminate the extension office, make drastic cuts to Bert Nash and the Health Department, and those costs would get passed back to tax payers through higher expenses at the jail. And, you would have to cut the costs at the jail too. There are critical core functions that the County provides. Gaughan said when he went door to door in his district to talk with his constituents; job creation is one of the core services they feel the County should provide. He feels we need to be expanding job opportunities in areas other than bioscience. Douglas County is the essential county in the Freedom Frontier Heritage Trust Area. We are going to be the host County and he d sn't want us to be just a mail box address with the tourism going to surrounding counties. There is an incredible opportunity for the area to capitalize on heritage with the Civil War tourism. Other communities who take advantage and will have repeat customers. It was proposed by some public suggestions that the County should cut employees by 20%. This would dramatically affect services; whether it would be the Sheriff, ambulance, elections, lines for car tags, etc. The impact would be that fewer people would have confidence in our community.
Thellman commented this has been a very difficult budget process. The Commission examined each budget item line by line and came up with a pool of dollars they cut from the budget. She said we cut reserves and capital improvement and shifted projects. We have taken a lean budget and made deep cuts. With that, Thellman is concerned we may find ourselves underfunded in future years. She d s not want to make further cuts and be in a more difficult situation next year. Thellman stated she wants the public to understand the vast majority of the time the commissioners have been in agreement. The heritage and open space initiatives may someday come to a sales tax vote which would raise the sales tax by a quarter of a cent, at a time when the state has just raised the sales tax a full cent for three years. We are already at one of the highest sales tax rates in our corner of the state. The timing of these initiatives are important enough to make them a priority especially with our leadership role in Freedom Frontier and trying to build our revenue with tourism. The preservation plan is a completely voluntary program and meant to be an opportunity to reward a family for the value of their land while still retaining their land. In terms of economic development, she hears people want jobs. We tend to not succeed to bringing new jobs in, sometimes because we lack the ability to compete with other counties with our incentive packages. According to Thellman, this initiative will give our community a better chance at retaining and growing new jobs. In taking individual needs into consideration versus having a vision for the entire population, it is really tough. Thellman stated no one at this table is a non-sensitive or thoughtless person. This commission has supported and is dedicated to social services to support the individuals in need, from mental health to public health, senior citizens, food banks, housing, the list is long of all the agencies we fund to care for individual needs. This Commission has done that and more than some previous commissions and this budget reflects that. We are in a unique position where it is part of our responsibility to have a vision for our whole community and not just to talk about it, but to act on it. We're taking modest steps to begin bringing some vision to life for our community.
Flory responded that the problem he sees is the property tax. We will be here
a year from now with the same discussion. He firmly believes we should address economic development with a sales tax. If we really want an aggressive economic development program, as our surrounding counties have, we can't do it with property taxes. The beauty of the sales tax is the voters decide, otherwise, we are funding our vision with their dollars.
Thellman added that part of the uniqueness of being a commissioner is that each were elected to support and bring their principles to life. It is not inconsistent to work with the notion to honor those who voted for them. She d s agree that the sales tax would be a more permanent mechanism and something to look at.
Thellman moved to approve the 2011 Budget for Douglas County, Kansas. Motion was seconded by Gaughan and carried 2-1 with Flory in opposition.
PURCHASING 08-18-10
The Board considered approval to solicit bids to caulk, repair and clean the windows below the attic on the court house. Craig Weinaug, County Administrator, presented the item. In an effort to keep with the allocated funds of $50,000, the bids will consider the north, west and southwest corners as the base bid. The two alternates will include windows on the south and east elevations. Based on calculations provided by Westar Energy for the full caulking project, we anticipate reducing heating expenses by 15% and cooling by 9%. The project will be eligible for tax credits.
After discussion, Thellman moved approval to solicit bids for restoration of windows in the court house. Motion was seconded by Gaughan and carried 3-0.
ACCOUNTS PAYABLE 08-18-10
Thellman moved approval of accounts payable in the amount of $403,333.86 to be paid on 08/19/10; payroll in the amounts of $775,909.66 paid on 07/21/10, $1,254.38 paid on 07/30/10, $770,275.57 paid on 07/30/10, and $791,960.54 paid on 08/13/10; FICA in the amounts of $57,142.20 paid on 07/16/10, $59,220.80 paid on 07/30/10 and $58,354.34 paid on 08/13/10; and KYPERS in the amount of $71,751.21 paid on 07/16/10, $71,090.59 paid on 07/30/10 paid on 07/30/10 and $73,680.59 paid on 07/13/10. Motion was seconded by Gaughan and carried 3-0.
Thellman moved to adjourn the meeting; Flory 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