Meeting Information
The County Commission will meet at 4:00 p.m. for administrative items and at 6:35 p.m. for public interest items. Please see agenda packet at 4:00 p.m.
Flory called the regular session meeting to order at 4:00 p.m. on Wednesday, June 15, 2011 with all members present.
CONSENT AGENDA 06-15-11
Flory moved approval of the following Consent Agenda:
► Commission Order No. 11-020 (on file in the office of the Clerk); and
► Rescinded Resolution 11-16 for the Planning and Zoning Classification from "A" Agricultural District to "B-2" General Business District for Lot 1 Rockwall Farms Addition as approved June 1, 2011 and considered the approval of Resolution 11-20, replacing Resolution 11-16, rezoning approximately 58.9 acres from A (Agricultural) District to B-2 (General Business) District; amending the official zoning district map incorporated by reference in Chapter XII, Article 3, Section 12-304 of the "Douglas County Code 2010 Edition", and amendments thereto.
Motion was seconded by Thellman and carried 3-0
PUBLIC WORKS0 06-15-11
The Board considered a KDOT Project Agreement for Corridor Management funding for US-56, widening from Bullpup Drive west through the E 1600 Road intersection in Baldwin City. Keith Browning, Director of Public Works, presented the item. The project derived from safety concerns for westbound traffic turning left onto E1600 Road since the E1600 Road intersection is just west of a hill that limits sight distance. The US-56 Corridor Management Plans calls for the addition of a 3-lane section on US-56 through this intersection. KDOT has agreed to fund 100% of construction costs for the third lane improvement. Under the terms, KDOT will reimburse Douglas County for 100% of all construction costs, not to exceed $551,000 in reimbursements. The Board of County Commissioners and Baldwin City agreed to share all required local costs 60/40.
Flory questioned wording in the contract on paragraph 30, page 9 stating the "County" will begin the necessary repairs within (30) days and will prosecute the work continuously until it is satisfactorily completed. This being a state road, Flory asked if KDOT wouldn't be the one making the improvements.
The Board tabled the item for Browning to call a representative from KDOT for clarification.
PERSONNEL 06-15-11
Sarah Plinsky, Assistant County Administrator, asked the Board to consider the approval of a contract with Safety National Casualty for Worker's Compensation Excess Insurance Coverage. Douglas County is required by the State of Kansas to maintain insurance coverage for high claims. Our current provider is Midwest Employers with current retention levels at $450,000 for law enforcement personnel and $350,000 for the remainder of our employees. There are three carriers in Kansas that provide this coverage with quotes listed below.
Retention Levels
Mid West Employers 2010-2011
Midwest Employers 2011-2012
Safety National Casualty 2011-2011
Non Law Enforcement
$350,000
Law Enforcement
$450,000
$63,967
$92,049
$77,823
Non Law Enforcement
$400,000
Law Enforcement
$450,000
$88,126
$70,039
Flory opened the item for public comment. No comment was received.
Gaughan moved to approve the agreement with Safety National Casualty for Workers' Compensation excess coverage at a $400,000 retention level for non-law enforcement employees and a $450,000 retention level for law enforcement employers for $70,039 for June 15, 2011 through June 15, 2012. Motion was seconded by Thellman and carried 3-0.
NOISE ORDINANCE 06-15-11
The Board discussed making revisions to Home Rule Resolution 10-6-3, the current excessive noise regulations for the unincorporated areas of Douglas County. Flory proposed removing restrictive language relating to the 10 p.m. to 7 a.m. hours and instead using language that prohibits excessive noise disturbance at any time. This would allow law enforcement to handle situations of persistent noise violators anytime.
There was discussion on how the proposed change could affect people riding ATVs or having a party; or how law enforcement would handle warnings to earlier violations during the day and later handling the same problem again at night.
It was the consensus of the Board to direct staff to make amendments to the current resolution striking hours between 10 p.m. and 7 a.m. and to add the proposed resolution to a future agenda for public discussion.
ACCOUNTS PAYABLE 06-15-11
Thellman moved to approve accounts payable in the amount of $140,336.68 to be paid on 06/16/11; payroll in the amounts of $764,352.54 paid on 05/11/11, $769,178.83 paid on 05/18/11, $779,600.38 paid on 06/09/11 and $21,787.00 paid on 06/09/11; KPERS in the amounts of $73,888.63 paid on 05/06/11, $74,168.65 paid on 05/20/11 and $74,250.85 paid on 06/03/11; FICA in the amounts of $56,188.01 paid on 05/06/11, $56,558.32 paid on 05/20/11and $57,367 .78 paid on 05/03/11. Motion was seconded by Flory and carried 3-0.
RECESS
The Board recessed until 6:35 p.m.
RECONVENE
The Board reconvened at 6:35 p.m.
PUBLIC HEARING/ROCK CREEK CEMETERY 06-15-11
Flory moved to open a public hearing regarding a petition to setup a benefit district for Rock Creek Cemetery District. Motion was seconded by Gaughan and carried 3-0. A petition for the formation of the Rock Creek Cemetery District was submitted to the office of the County Clerk and was certified by Jameson Shew, County Clerk.
No public comment was received.
Flory moved to close the public hearing. Motion was seconded by Gaughan and carried 3-0.
Flory moved to approve the creation of the Rock Creek Cemetery District. Motion was seconded by Thellman and carried 3-0.
MINUTES 06-15-11
Flory moved to approve the minutes of May 11 and May 19, 2011. Motion was seconded by Thellman and carried 3-0.
PUBLIC HEARING/DISPOSAL OF PROPERTY 06-15-11
Flory moved to open a public hearing for comment regarding the sale of county owned real property located immediately south of Lone Star, legally described as follows:
A tract of land in the Northeast Quarter (NE 1/4) of Section 1, Township 14 South, Range 18 East of the Sixth Principal Meridian described as:
Commencing at the southeast corner of said Northeast Quarter (NE 1/4); thence North 1 degree 39 minutes 42 seconds West along the east line of said Northeast Quarter (NE 1/4) a distance of 102.59 feet to the Point of Beginning of the land to be described; thence North 24 degrees 9 minutes 1 second West a distance of 379.17 feet; thence North 4 degrees 17 minutes 59 seconds West a distance of 348.98 feet; thence North 1 degree 6 minutes 1 second West a distance of 149.24 feet; thence North 39 degrees 35 minutes 21 seconds East a distance of 242.10 feet to the northwest corner of a tract of land described on Page 3434 of Book 1067 at the Douglas County Register of Deeds and the east line of said Northeast Quarter (NE 1/4); thence South 1 degree 39 minutes 42 seconds East along said east line a distance of 1030.20 feet to the Point of Beginning, containing 2.691 acres, more or less.
Motion was seconded by Gaughan and carried 3-0.
No public comment was received.
Thellman moved to approve the Commissioner Order for the disposal of the above-described property and authorized the Chair to execute a real estate contract and quit claim deed conveying the parcel to John R. and Kathryn S. Wilson. Motion was seconded by Gaughan and carried 3-0.
YOUTH SERVICES/WALK-ON ITEM 06-15-11
Flory moved to approve a line item adjustment to the Case Management and Intensive Juvenile Supervision Probation Juvenile Justice Authority Grant Budgets for FY 2011. The adjustment will allocate funds for the purchase of (5) digital 800 MHz handheld radios for the Juvenile Services staff in the amount of $14,264.50 moved from the Personnel Line to the Equipment Line. Motion was seconded by Thellman and carried 3-0.
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
Time and Date