Meeting Information
4:00 p.m.
-Convene
-Consider approval of minutes for September 1, September 8 and September 15, 2010.
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(d) Consider approval of Kansas Department of Corrections Quarterly and Year End Outcome Report (Ron Stegall)
REGULAR AGENDA
(2) Consider recommendation to purchase a hydraulic excavator for Public Works. (Jackie Waggoner)
(3) Consider options for disposition of current excavator. (Jackie Waggoner)
(4) Consider waiving bidding process for medical contracts at the Douglas County Jail. (Jackie Waggoner)
(5) Consider acquisition to print and mail tax statements. (Jackie Waggoner)
(6) Staff memo requesting direction on the processing of agreements associated with Certificates of Survey and Plats. (Mary Miller is the Planner)
(7) Land use policy actions to endorse the recommendations in the Preliminary Alignment Study for the extension of 31st Street from O'Connell Road (E 1600 Rd) to Route 1057. Initiate and/or adopt the Preliminary Alignment Study into the Comprehensive Planning documents - T2030 and H2020 - as well as amending the SE Area Study. (Linda Finger)
(8) Recycling project update (Eileen Horn)-No back up
RECESS UNTIL 6:35 P.M.
-Reconvene at 6:35 p.m.
(9) Discussion of possible amendment to Noise Resolution (Jim Flory)-No back up
(10) Discussion on County Tax Abatement and IRB Policy Options (Craig Weinaug/Roger Zalneraitis/Diane Stoddard)
(11) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(12) Adjourn
Thellman called the regular session meeting to order at 4:00 p.m. on Wednesday, September 29, 2010 with two members present. Gaughan joined the meeting a later time.
MINUTES 09-29-10
Thellman moved to approve the minutes of September 1, September 8 and September 15, 2010. Motion was seconded by Flory and carried 2-0.
CONSENT AGENDA 09-29-10
Thellman moved approval of the following Consent Agenda:
► Kansas Department of Corrections Quarterly and Year End Outcome Report for Community Corrections.
Motion was seconded by Flory and carried 2-0.
PUBLIC WORKS 09-29-10
The item to consider recommendation to purchase a hydraulic excavator for Public Works was pulled from the agenda.
PUBLIC WORKS 09-29-10
The item to consider options for disposition of the current excavator was pulled from the agenda.
TREASURER/TAX STATEMENTS 09-29-10
The Board considered approval of an acquisition to print and mail tax statements for the Treasurer's Office. Paula Gilchrist, Douglas County Treasurer, was present to answer questions. Mail Services submitted a quote for printing statements (including information sheets) and envelopes, folding and inserting, online preview and editing at the cost of $.543 each which equates to $48,870 based on an estimated volume of 90,000 tax statements. Other companies were contacted for quotes, but none could offer the online option. Gilchrist asked the Board to waive the formal bidding process and authorize a contract with Mail Services.
Thellman opened the item for public comment. No comment was received.
Thellman moved to waive the formal bidding process and authorize a contract with Mail Services in an estimated amount of $48,870, and authorized the County Administrator to approve change orders up to 10% of that amount. Motion was seconded by Flory and carried 2-0.
At 4:04 p.m., Thellman moved to recess until Commissioner Gaughan was in attendance. Motion was seconded by Flory and carried 2-0.
Thellman reconvened the meeting at 4:08 p.m. with Commissioner Gaughan present.
SHERIFF/JAIL 09-29-10
The Board considered waiving the bidding process for medical contracts at the Douglas County Jail. Ken Massey, Undersheriff, was present for the discussion. The jail currently has medical contracts with Visiting Nurses Association, Dr. Sale, Bert Nash Community Mental Health Center and Dr. Patterson that will expire on December 31, 2010. The combined cost for their services last year was $430,802.
It is the preference of the Sheriff, to waive the bidding process and contract with agencies affiliated with Douglas County. The terms of the contracts are one year with the option to renew annually up to four additional years. Below is a summary of services provided with compensation for services based on a 2010 renewal:
MEDICAL PROVIDER
DESCRIPTION OF SERVICES
COMPENSATION FOR SERVICES
Dr. Sale
Provide comprehensive health care services to inmates monitor and evaluate patient care, provide policy & procedure for health services, assume medical judgment of all medical and dental matters, provide on-call physician 24/7.
$58,800 Annually
Includes 2 weeks paid vacation; Lawrence Emergency Medicine is our substitute provider
Bert Nash Community Mental Health Center
On-site evaluation and treatment services provided by master level therapist at 15 hours per week, and a bachelor level case manager at 12 hours per week.
$54,395 Annually
Phone consultation, 24/7 on-site emergency evaluation services, and court testimony are based on flat rate as needed.
Visiting Nurses Association
Provide comprehensive nursing services to inmates to include health assessments, perform TB screening, perform routine health physical, provide 24/7 on-call service, perform certain medical treatments, and distribute medication.
$287,123 Annually
Physical & occupational therapy is based on a fixed hourly rate as needed.
Dr. Pattison
Psychiatric Services
$29,750 Annually
Thellman asked Massey if he is pleased with the services provided by these agencies. Massey stated, "Yes."
Flory said it is his understanding the recently received grant for mental health services d s not have an impact on the mental health services provided to the jail. Massey stated that is correct. The second grant received by Bert Nash has nothing to do with in-house services, but has to do with inmates after release.
Flory asked if there have been any significant increases of more than 10% in the proposed contract amounts over the past few years. Massey stated "no" there has not.
Thellman opened the item for public comment. No public comment.
Thellman moved to waive the formal bidding process and authorized staff to develop medical contracts for the Douglas County Jail. Motion was seconded by Gaughan and carried 3-0.
PLANNING 09-29-10
Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, asked the Board to provide guidance as to the processing of agreements required with Certificates of Survey and Final Plats. Should a process be set into place to allow these agreements to be signed by the County Administrator, or would the Commission prefer that these agreements continue to be placed on their consent agenda.
Gaughan asked what the impact on the applicant would be if the items were put on the Commission Agenda. Miller stated the downside is a 1-2 week delay.
Craig Weinaug, County Administration, stated staff is trying to make the planning process less cumbersome. They have identified items they feel can be handled administratively. The concept was started by a previous commission.
After discussion, it was the consensus of the Board that they would like to see the first set of items put on the agenda so they can understand the process on Certificate of Surveys. The Commission will address giving administrative authorization at a later time.
PLANNING/31ST STREET ALIGNMENT STUDY 09-22-10
Linda Finger, Planning Resource Coordinator, discussed formal steps the Board can take to integrate the 31st Street Alignment into the land use and transportation planning process. There are several actions the Commission may wish to consider: 1) initiation of an Amendment to the Southeast Area Plan; 2) initiation of an amendment to the Specific Plans Chapter, Chapter 14, Horizon 2020; and/or 3) adoption of a policy resolution to provide staff direction on integration into the transportation and the land use planning process.
Flory asked how we can design our amendment request to avoid reopening the extended process that occurred with the Southeast Area Plan. Michelle Leininger, Lawrence-Douglas County Metropolitan Planning Staff, replied if the Board plans to do amendments to the Southeast Area Plan in regard to the alignment on 31st Street, they need to be specific on what they want to see amended in the plan. Leininger said initiation of specific wording for the amendment will help focus discussions to those points relevant to the proposed revisions to the Southeast Sector Plan.
After discussion, Flory moved to accept the 31st Street Preliminary Alignment Study for the extension of 31st Street from O'Connell Road to Route 1057, that was submitted to the Commission on September 22nd. His motion included direction to Staff to develop the appropriate wording for proposed amendments to the Southeast Area Plan and Horizon 2020 and to submit the proposed language to the County Commission for them to initiate specific text amendments to the area and comprehensive plan. Also, he directed staff to bring back to the Commission a draft policy resolution that would provide guidance in the use of the adopted Southeast Area Plan in the planning process. Motion was seconded by Thellman and carried 3-0.
RECYCLING 09-29-10
Eileen Horn, Sustainability Coordinator; and Collin Bielser, Management Intern, made a presentation to the Board on the status of the recycling project. The County government is currently achieving 19% waste diversion. A recycling survey was sent to all County employees and out of 145 responders, 70% feels the County can do better. The County is currently using CLO and Deffenbaugh as our recycling pickup companies. Horn is exploring the option of a third-party company who takes more recycling items then our present vendors. Information will be forwarded to the Commission regarding the expansion of the program.
MISCELLANEOUS 09-29-10
Craig Weinaug, County Administrator, updated the Commission on the status of filling the Assistant County Administrator position. He asked if one of the Commissioners would be willing to join the review committee.
It was the consensus of the Board that Commissioner Jim Flory would assist the committee in the selection process.
RECESS 09-29-10
Thellman moved to recess until 6:35 p.m. Motion was seconded by Gaughan and carried 3-0.
RECONVENE 09-29-10
The Board reconvened at 6:35 p.m.
NOISE ORDINANCE 09-29-10
Commissioner Flory stated due to concerns he has heard regarding the HR-10-6-3 Noise Resolution time limits, he wants to open a discussion with the Board on whether the Commission wants to consider a possible amendment to the ordinance. Under the resolution, quiet hours in the unincorporated area fall between 10 p.m. and 7 a.m. He has heard complaints from county residents that they are experiencing noise disturbances that are intolerable during day hours, infringing on the reasonable enjoyment of their property.
Paul and Patricia Noreau, 1873 N. 600 Rd, stated they like the way the noise ordinance reads, but would like the Board to remove the time limits. The Noreau's adjacent neighbors allow a scream band to practice in their garage. The sound can be heard inside the Noreau's house between 6 p.m. to 8:30 p.m. on Tuesdays and Thursdays. A sample recording of the band practicing was submitted to the Board. According to the Noreau's, they have tried on three occasions to talk with their neighbors about decreasing the sound level, to no avail. A deputy was called out to the neighbors, asking the music to be turned down. After the officer left, the band continued to play at the same level.
Karen Jones, 1426 N 960 Road, stated she has neighbors who live approximately .25 to .5 miles away and play loud music starting early in the morning and throughout the entire day. She is retired and did not expect this kind of infringement on her peace and quiet in a country environment. She has not made contact with the neighbor in question to discuss turning down the noise level. She also would like the noise ordinance to have no time restrictions.
Flory stated he would like to talk with the County Counselor and determine if changing the hours would cause a legal challenge to the ordinance. If we lift the hour limits are we opening an area where we are too limiting to others1/2 He also stated he wants to talk with the Sheriff and maybe do some investigation. We might want to look at an exemption for certain activities or decide if the music meets the criteria of a noise disturbance. If it meets that level and there is no exemption perhaps it should be prohibited. Flory stated his is not prepared to make a recommendation tonight.
Thellman stated we knew when we started this, we were stepping into a difficult issue because we don't want to become the place where people come to air their neighborhood grievances. However, we do want citizens to be accountable for their actions when they are out of bounds. Figuring out what is out-of-bounds is the key. She would like to seek advice from the Sheriff's office and see what other communities are doing.
Steve Hornberger, Undersheriff, suggested for Mrs. Jones to call the Sheriff's office so they can discuss this with the neighbor. Until we try, we don't know if we can be successful in stopping the problem she is encountering.
Flory stated there needs to be some study regarding noise level and the legal challenge of that. He will follow up with the Sheriff and the District Attorney.
No action was taken.
COUNTY TAX ABATEMENT/IRB POLICY OPTIONS 09-29-10
Craig Weinaug, County Administrator, opened a discussion on the issue of tax abatement as Berry Plastics is considering locating a warehouse in Douglas County. If the County d s receive a request for tax abatement, the Commission needs to look at a process and alternative for considering such a request. Diane Stoddard and Roger Zalneraitis, City Staff; and Beth Johnson, Chamber of Commerce, were present for questions.
Flory stated historically the County has taken the position on not wanting to encourage any industrial development in the unincorporated area of the county.
Flory commented if the picture has changed we may need to look at this project with fresh eyes. The Commission may need to decide if developing the policy is necessary and if so, d s it throw open an invitation for all types of industrial and business development in the unincorporated area; or are we looking at limited uses in limited areas of the county.
Presently, the County has no policy for tax abatements or Industrial Revenue Bonds (IRBs). Zalneraitis explained the different options available and what other Kansas counties are doing. A Constitutional Tax Abatement would require the County adopting a tax abatement policy. The County can issue IRBs without a formal policy. There is concern that by adopting a formal policy, the County could be sending a signal it is willing to consider industrial development in the other unincorporated areas of the county.
The two most prominent features of an IRB that cannot be done with constitutional tax abatement are: 1) receiving an exemption on state and city sales tax for construction and materials; and 2) some projects can receive tax exempt financing which lowers the interest rate on the bonds. And sometimes the interest rates will be smaller with an IRB.
Flory asked if recovery bonds are considered IRBs. Zalneraitis replied that is correct.
Stoddard stated the City required a performance agreement with its tax abatements. Zalneraitis stated you can do a broader range of projects with IRBs which includes multi-family housing and retail. He said those issues should not come up in the rural area very often.
Flory asked if we were to consider IRBs with abatements, wouldn't we want to require an application process with a cost analysis. Zalneraitis stated there are requirements under state law; he believes a cost analysis is required by state law if tax abatement is attached. There is a statutory process to follow.
Flory inquired if there is a drawback to only using the IRB with tax abatement. Zalernaitis stated only that the process is lengthier and there could be some initial costs.
Berry is looking at utilizing Recovery Zone Security Bonds which expire on December 31, 2010. If they issue IRBs with the Recovery Zone Bonds, this will have to be issued by December 31. If you are looking at explore abatement only, you would have to have a policy and go through the procedural steps by December 31 for this particular project.
Weinaug stated Berry should be making a decision soon about whether they will be using recovery bonds and will notify the County.
Zalneraitis stated there is an advantage to tax abatements by the abatement being triggered the following year or delaying until project is completed. The IRB begins immediately, even during building phase.
The consensus was that the Commission would process any requests received from Berry Plastics on this project, without a policy.
ACCOUNTS PAYABLE 09-29-10
Thellman moved to approve accounts payable in the amount of $1,186,011.97 to be paid on 09/30/10 and a wire transfer in the amount of $100,000.00 paid on 09/27/10. Motion was seconded by Gaughan 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