Commission Board Meeting on Wed, March 16, 2011 - 6:35 PM


Meeting Information


Amended Agenda 03-16-11 11:30 a.m.

WEDNESDAY, MARCH 16, 2011
6:35 p.m. (only)
-Convene
-Proclamation for Public Health Week (Dan Partridge)

CONSENT AGENDA
(1) (a)  Consider approval of Commission Orders;
(b) Approval of Bids for Noxious Weed Herbicides (Keith Browning);
(c) Acknowledge receipt of Fee Reports for January and February 2011;
(d) Consider acquisition of right-of-way for Bridge No. 16.65N- 8.00E. (Michael Kelly);
(e) Consider Resolution 11-07 declaring burn ban practices in the unincorporated area of Douglas County (Craig Weinaug); and
(f) Consider approval of bridge right-of-way acquisition for Bridge No.4.00N-9.19E (Michael Kelly)

REGULAR AGENDA   
(2) Consider request by Tenants to Homeowners for land at 25th and Cedarwood to create Active Senior Housing (Rebecca Buford)

(3) a) Presentation of the Natural & Cultural Heritage Task Force's Final Report (Collin Bielser)
b) Consider approval of grant application the Heritage Preservation Fund Grant (Collin Bielser)

(4) Consider approval of Audit Services Contract (Sarah Plinsky/Jackie Waggoner)

(5) Consider waiving the requirements of K.S.A. 75-1120a(a) to use GAAP accounting procedures (Sarah Plinsky/Jackie Waggoner)

(6) Consider donation of vehicles for the Humane Society (Jackie Waggoner)

(7) Consider approval of Resolution 11-08 adopted Pursuant to K.S.A. 19-21(b), establishing an alternate methodology for disposal of certain Douglas County Property to The Black Jack Battlefield Trust.

(8) Executive Session for two items: 1) discussion of security issues in a county building and 2) for the purpose of consultation with County Counselor on matters, which would be deemed, privileged under the attorney-client relationship. The justification is to maintain attorney client privilege on a matter involving Douglas County.

(9) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment

(10)  Adjourn

Flory called the regular session meeting to order at 6:35 p.m. on Wednesday, March 16, 2011 with all members present. 

PROCLAMATION 03-16-11
Dan Partridge, Lawrence-Douglas Health Department, presented a proclamation to the Board declaring the April 4 - 10, 2011 as "Public Health Week."  Flory read the proclamation and moved approval. Motion was seconded by Thellman and carried 3-0
 
CONSENT AGENDA 03-16-11
Flory moved approval of the following Consent Agenda:

► Commission Order No. 11-012 (on file in the office of the Clerk); and
► Acceptance of the low bid from supplies noted below for Noxious Weed Herbicides:

Herbicide 

Quantity

Unit Cost

Total Cost

Vendor

Picloram 22K

400 gal.

$  42.89

$17,156.00

Van Diest Supply

2,4-D Amine

900 gal.  

$10.59

$9,531.00

Van Diest Supply

Glyphosate

600 gal.  

$8.64

$5,184.00

Lone Pine Ag Serv.

PastureGard

500 gal

$45.52

$21,260.00

                J B Pearl

Milestone (Gal.)

  30 gal.  

$279.69

$8,390.70

Van Diest Supply

Milestone (Qt.)

  12 qts.  

$69.00

$828.00

Red River Spec.

Escort    

   64 oz.

$3.20

$204.80

Lone Pine

 

► Contract for Highway Purposes for an Acquisition of Easement replacing Bridge No. 16.65N-8.00E with J l William Oliver and Elise Fischer, 1659 E800 Rd, Lawrence (Tract 1); Gary E. and Terrie L. Price, 763N 1750 Rd, Lawrence (Tract 2); and Robert L. and Linda L. Carlson, 1670 E800Rd, Lawrence (Tract 3); Road No. 55/491 (E800 Rd) Project No. 16650800, Tract 1;
► Contract for Highway Purposes for an Acquisition of Easement replacing Bridge No. 4.00N-9.16E with Charles L. Jehle, Trust of the Charles L. Jehle Trust dated March 19 , 2003 and Janet S. Jehle, Trustee of the Janet S. Jehle  Trust dated March 19, 2003, 352 E900 Road, Baldwin, Road No. 160 (N400 Rd) Project No. 04000919, Tract 2; 
► Resolution 11-07 providing for the imposition of restrictions on certain outdoor burning practices in the unincorporated area of Douglas County; and
► Acknowledgement of fee reports for January and February 2011.

Motion was seconded by Gaughan and carried 3-0

TENANTS TO HOMEOWNERS 03-16-11
Rebecca Buford, Executive Director for the Tenants to Homeowners (TTH), made a presentation to the Board regarding a proposed use of property located in the 2500 Block of Cedarwood Avenue, and owned by Douglas County. Buford proposed a plan to build affordable senior housing with six individual cottages for independent ownership and one large home designed for congregate cooperative living to house 6-8 older residents. The congregate site would allow a communal atmosphere for residents to share the cost for housekeeping and visiting nurses. TTH would reduce the price of housing significantly and the homes would be maintenance free. 

Flory stated he was struggling with the concept of seniors purchasing the units. Buford stated there is quite a niche of seniors that want to downsize, but still want to own property. The property would accumulate equity and can be passed to heirs, although there would be an age and income eligibility to live there. The congregate living site would be rentals.

Flory asked if this model idea would impact other senior service providers. Buford stated these homes would target moderate incomes. Right now there is a big gap between low income housing and expensive priced retirement locations.

Gayle Sigurdson, Douglas County Commission on Aging Housing Committee, stated she works for Babcock Place which offers low income housing with a long waiting list. She feels the middle income retiree needs are not being met and stated support for this concept.
 
Flory asked if Buford has a ballpark range for the cottages. Buford replied a two bedroom, 1 bath slab would cost TTH approximately $105,000-$135,000 for development costs. If the County would convey the land to TTH, they could build the cottages for around $60,000-$80,000 each. If TTH would subsidize the lot cost and receive federal subsidies, they could sell the cottages for around $50,000.

Gaughan asked who would do the maintenance on the facilities. Buford replied they would contract that work out. TTH would charge an affordable fee. Gaughan asked how eligibility is determined. Buford stated the purchaser would have to be under the 80% medium income level for a household which is currently $38,950, pursuant to the HUD income guidelines.
 
Flory opened the item for public comment.
 
Hilda Enoch, resident, stated her support for this project and called the project "her dream." 

It was the consensus of the Board for Buford to continue with the project and bring it back to the Board with more information. The Board is willing to consider the conveyance of the property to TTH. 
 
NATURAL & CULTURAL HERTIAGE TASKFORCE 03-16-11
Ken Grotewiel provided the Board with an update on the final report from the Natural and Cultural Heritage Taskforce. Collin Bielser, Management Intern, was present for questions. The Report outlines the recommended process to allocate funds budgeted for Heritage Conservation funding opportunities.
 
Flory commented he is still troubled by this expenditure through property tax funding and is also struggling with how the rest of the budget year is going to go. He stated this cause is important, but so is the support for meals on wheels and Bert Nash services continuation, etc. He stated he struggles with spending money on something that is not core essential. Flory did say he appreciates everything the taskforce has done and he will not slow down the process. 

Thellman also stated she has concerns with the upcoming budget , but is still committed to this process.

Flory opened the item for public comment. No comment was received. No action was taken.

GRANTS 03-16-11
The Board considered the approval to submit a grant application to the Heritage Preservation Grant Fund. Collin Bielser, Management Intern, presented the item. The grant opportunity would help fund an historical inventory survey required to become a certified local government, as recommended by the Natural and Cultural Heritage Task Force. The amount of $35,000 has been allocated toward the survey. If the grant is received, proceeds would be used to produce a comprehensive survey report of all the historical resources found in Eudora Township. If approved, the grant will require a $10,000 County match.

Flory asked if the County's commitment only takes affect if we receive the grant. Craig Weinaug, County Administrator, stated that is correct.

Gaughan asked if the grant is approved and the cost for the Eudora Township survey d s not use all the grant funding, can the funding be allocated to another survey. Lynn Braddock Zollner, Historic Resource Administrator, stated the application is project specific, but can be negotiated with the State Kansas Historical Society Board if there is money left over in the grant.

Flory opened the item for public comment.  

John Moore, member of the Clearfield Historical Society, stated using the Eudora Township is a good start. There are more than 4,000 historical sites reported in the Lawrence, Douglas County area.  

Thellman moved to approve the submittal of the grant application to the Kansas Historical Society with the comment that the Board would like more information to understand the inventory process. Motion was seconded by Gaughan and carried 3-0.

PURCHASING/AUDIT 03-16-11
The Board considered the approval of an audit services contract with Allen, Gibbs & Houlik, L.C. Sarah Plinsky, Assistant County Administrator, presented the item. Douglas County conducted an informal solicitation for the 2010 Douglas County Audit, including firms who had responded to last year along with firms that had experience and credentials with comparable counties. Allen, Gibbs & Houlik, L.C. was selected for auditing services for Douglas County year ending December 31, 2010 at a cost of $74,280, and with the option to extend for an additional five years, on a yearly basis. 

Flory opened the item for public comment. No comment was received.

Flory moved to waive the formal bidding process and approve the contract  for $74,280 with Allen, Gibbs & Houlik, L.C., and an additional cost not to exceed $30,000 for consulting services as necessary; and to authorize staff to renew the contract for a period of five years with a 10% contract increase cap. Motion was seconded by Thellman and carried 3-0.

PURCHASING/AUDIT 03-16-11
The Board considered waiving the requirements of K.S.A. 75-1120a(a) concerning GAAP accounting procedures for the 2010 audit.

Flory moved to approve Resolution 11-06 waiving GAAP procedures. Motion was seconded by Gaughan and carried 3-0.

PURCHASING/HUMANE SOCIETY 03-16-11
The Board considered a request for donation of vehicles to the Humane Society. Jackie Waggoner, Director of Purchasing, presented the item. The Humane Society currently has a 1993 Ford Explorer with125,128 miles that is used daily for general use, cruelty seizures and emergency responses. This vehicle is in need of repairs.  The other vehicle being used for rescue missions is personally owned. The Humane Society has asked the County to consider donating any available used vehicles, which has been done by previous Boards.

Staff has identified two used public work's vehicles available as listed below:

Year

Make/Model

Mileage

Condition

Average Value

Discounted Value

1999

Ford Explorer XLT 4x4

120,689

Fair, hail damage, slight body rust, tires good

$3,450

$2,760

2001

Ford F-250 XL Extended Cab  PU Truck 4x4

147,696

Average, body dings , tire good, seat is torn

$7,380

$5,904

TOTAL COST

$10,830

$8,664


Public Works has agreed to accept a 20% discounted value for the vehicles. If approved, the $8,664 would come from the Commissioner's budget and be transfer to the Public Works budget. 

Flory opened the item for public comment. No comment was received.

Thellman moved to approve the donation of two vehicles, as listed above, to the Humane Society with the accepted discount value of $8,664 and paid to Public Work's from the Commissioner's budget. Motion was seconded by Flory and carried 3-0.

RESOLUTION/PROPERTY TRANSFER 03-16-11
The Board considered the approval of Resolution 11-08, adopted Pursuant to K.S.A. 19-21(b), establishing an alternate methodology for disposal of certain Douglas County Property to The Black Jack Battlefield Trust. The property is legally described as follows:

Beginning at the Northeast corner of the South half of the Northeast Quarter of Section Twelve (12), Township Fifteen (15) South, Range Twenty (20) East; thence West on the North line of the South half of said Northeast Quarter 114 feet; thence South parallel with the East line of said Northeast Quarter 104 feet; thence East parallel with the North line of the South half of said Northeast Quarter 114 feet to the Section line; thence North on the Section line 104 feet to the point of beginning;

Flory moved to adopt Resolution 11-08, a resolution of the Board of County Commissioners of Douglas County Kansas, adopted Pursuant to K.S.A. 19-21(b), establishing an alternate methodology for disposal of certain Douglas County Property, and set the hearing date on March 30, 2010 at 6:35 p.m. in the Commissioner Chamber of the Board of County Commissioners, 1100 Massachusetts Street, Lawrence, Kansas. Motion was seconded by Thellman and carried 3-0.
 
EXECUTIVE SESSION 03-16-11
At 8:35 p.m., Flory moved that the Board recess into executive session for 30 minutes (until 8:55 p.m.) to discuss two (2) matters, 1) to discuss security issues in a county building. Attendees include: Evan Ice, County Counselor; Ken McGovern, Sheriff; Craig Weinaug, County Administrator; and Sarah Plinsky, Assistant County Administrator; and 2) for the purpose of consultation with the County Counselor on matters which would be deemed privileged under the attorney-client relationship. The justification is to maintain attorney-client privilege on a matter involving Douglas County. Attendees included: Evan Ice, County Counselor; Craig Weinaug, County Administrator; Sarah Plinsky, Assistant County Administrator; Keith Browning, Director of Public Works. Motion was seconded by Thellman and carried 3-0.
 
At 8:55 p.m., Commissioner Flory extended the second executive session for an additional 10 minutes (until 9:05 p.m.)
 
The Board returned to regular session at 9:05 p.m. No action was taken on the first executive session. On the seconded item, Flory moved to approve the purchase of a security system for the Douglas County Jail in the amount of $187,270 from Sheriff's reserve fund, and to waive the purchasing policy and authorizing the purchase from a sole source vendor, Siemens Industry Inc. Motion was seconded by Gaughan and carried 3-0. 
 
ACCOUNTS PAYABLE 03-16-11
Flory moved to approve accounts payable in the amount of $185,080.76 to be paid on 03/17/11; and a wire transfer in the amount of $1,870.00 paid on 03/14/11. Motion was seconded by Thellman and carried 3-0.

APPOINTMENT 03-16-11
Flory moved to reappoint Paul Liechti, Lawrence, to the Lawrence-Douglas County Health Board for a second term to expire 03/31/14. Motion was seconded by Gaughan and carried 3-0.
 
MISCELLANEOUS 03-16-11
It was the consensus of the majority of the Board to place the Comprehensive Plan Amendment, CPA-2008-7, amending Horizon 2020 to include Chapter 16 - Environment on the April 13, 2011 agenda for consideration.
 
Gaughan moved to adjourn the meeting; Thellman seconded and the motion carried 3-0. 

 

__________________________  ____________________________
 Jim Flory, Chair                               Mike Gaughan, Vice-Chair

ATTEST:

 _________________________  _____________________________  
Jamie Shew, County Clerk                Nancy Thellman, Member

Location

County Courthouse
1100 Massachusetts St, Lawrence, KS 66044, USA