Amended Agenda

WEDNESDAY, JULY 27, 2011
4:00 p.m.
-Convene
(1) Executive Session for the purposes of consultation with the County Counselor on a matter which would be deemed privileged under the attorney-client relationship. The justification is to maintain attorney client privilege on a matter involving Douglas County.

RECESS UNTIL 6:35 p.m.

RECONVENE
6:35 p.m.

CONSENT AGENDA
(2) (a)  Consider approval of Commission Orders;
(b) Consider approval of Amendment Two to the contract between the Kansas Health Policy Authority and Douglas County and the Lawrence-Douglas County Health Department (Dan Partridge); and
(c) Approve the 2012 Budget for publication in the newspaper and set public hearing for August 10, 2011 at 6:35 p.m. in the County Commission Chamber (Craig Weinaug)

REGULAR AGENDA        
(3) Continue Commissioners' discussion as deferred from the July 20, 2011 meeting and receive Planning Commission recommendation regarding annexation, A-3-1-11, of approximately 67 acres, located on the south side of N 1800 Rd (Farmers Turnpike) and between the extended alignments of E 900 Road and E 950 Road, and receive and consider Resolution No. 6924 requesting that the Board of County Commissioners of Douglas County, Kansas, make the statutory finding that the proposed annexation would not hinder or prevent the proper growth or development of the area or of any other incorporated city. Submitted by Steven Rothwell, Timothy W. and Lani S. Rothwell, for Timothy Rothwell, Wilber C. Rothwell, and Donald Kenna Rothwell, property owners of record. (PC Item 14A; approved 8-1 on 5/25/11)(Sandra Day)

(4) Authorize County Commission Chair to execute contract with P.D.O Investors, LLC to purchase approximately 34 acres in the Franklin Business Park as a future site of the Public Works facility. (Craig Weinaug)

(5) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments:  
Appoint the membership of the Douglas County Emergency Management Board; and nominate the members to the State Emergency Response Commission as the Local Emergency Planning Committee for Douglas County. This action will fulfill the requirements of the federal Emergency Planning and Community Right-to-Know Act (CRF99-499) and the related Kansas statutes (65-6701).
(c) Miscellaneous
(d) Public Comment

(6) Adjourn

Flory called the regular session meeting to order at 4:00 p.m. on Wednesday, July 27, 2011 with all members present. 

EXECUTIVE SESSION 07-21-11
At 4:00 p.m., Flory moved to recess into executive session for 45 minutes (until 4:45 p.m.) for the purpose of consultation with the County Counselor on a matter 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 Chris Berger, County Counselor; Craig Weinaug, County Administrator; and Sarah Plinsky, Assistant County Administrator. Motion was seconded by Gaughan and carried 3-0.

At 4:45 p.m., Flory extended the executive session for an addition 30 minutes (until 5:15 p.m).
At 5:15 p.m., Flory extended the executive session for an addition 15 minutes (until 5:30 p.m).
At 5:30 p.m., Flory extended the executive session for an addition 15 minutes (until 5:45 p.m).
 
The Board returned to regular session at 5:35 p.m. No action was taken.
 
RECESS 07-27-11

Flory moved for the Board to recess until 6:35 p.m.

RECONVENE 07-27-11
The Board reconvened at 6:35 p.m.

CONSENT AGENDA 07-27-11
Flory moved approval of the following Consent Agenda:

► Amendment Two to the contract between the Kansas Health Policy Authority and Douglas County, Kansas; and the Lawrence-Douglas County Health Department for Outreach, Prevention and Early Intervention Services;
► 2012 Budget for publication in the newspaper and set the public hearing date for the 2012 Budget for August 10, 2011 at 6:35 p.m. in the County Commission Chamber.

Motion was seconded by Thellman and carried 3-0
  
ANNEXATION 07-27-11
The Board continued discussion as deferred from the July 20, 2011 meeting on the receiving of the Planning Commission recommendation regarding A-3-1-11, an annexation of approximately 67 acres, located on the south side of N 1800 Rd (Farmers Turnpike) and between the extended alignments of E 900 Road and E 950 Road and the consideration of  Resolution No. 6924 requesting that the Board of County Commissioners of Douglas County, Kansas to make the statutory finding that the proposed annexation would not hinder or prevent the proper growth or development of the area or of any other incorporated city. 

Gaughan stated he read all the information received and came to the conclusion he feels this annexation d s not hinder the proper growth and development of the area or that of any other incorporated city located within the county. 

Flory stated we had a thorough hearing not too long ago in December 2010 and he discussed his view on that parcel of property. He then looked at the minutes of that meeting and his opinion has not changed. The situation with this property seems factually identical to the situation considered previously on the property immediately east of and adjacent to the subject property at this hearing. Based upon the guidelines and what he perceives to be the facts, this annexation would not hinder the property growth and development of the area and feels this should be presented to the City of Lawrence for further action as they deem appropriate.

Flory stated as mentioned last week, this is an island annexation and there are legitimate concerns when the County makes the finding as I did. Some feel the County d sn't have a vote at the city level, but that is true in any annexation. If the property was contiguous of the city it wouldn't even be at this body. Flory stated he visited the site today and is convinced the land is appropriate to be developed as an industrial site. Any issues can be handled in predevelopment. (See comments from the minutes of December 1, 2010). He finds this annexation d s not hinder the proper growth and development of the area or that of any other incorporated city located within the county. 

Thellman stated she views this differently. She also upholds the statements she made previously at the December 1, 2010 meeting. She feels the planning document puts forward a pro-growth philosophy that encourages us to grow and develop in a timely and orderly way that gives us quality growth. All parties would admit this parcel meets the general criteria.Thellman stated she is not convinced though that this property needs to be annexed to be marketed and developable for industry. We've shown with Berry Plastics that the County can handle rural industrial development and have some control of the rural character of the property around it. She feels this annexation is a premature move. Development d s not necessitate city services. The letter from the RWD No. 6 d sn't guarantee service to new development, only continued service to the houses on the lot. Her concern is all of these things. She feels the comprehensive plan encourages drainage planning and also said we owe it to the unincorporated citizens concern about possible property value decreases. We also need to consider how new development will cause wear and tear on rural roads. We keep adding and adding industrial acreage with no way to infrastructure it. For these reasons, she feels the island annexation of this property could hinder the property growth and development.

Flory moved to direct staff to draft a proper resolution setting out the finding in accordance with the motion and then that will be presented for formal action next week. Based upon all the evidence presented including the oral and written testimony, the staff presentations, the planning documents of Horizon 2020 and the K-10 Farmer's Sector Plan, I propose that we direct staff to prepare a resolution finding that the proposed annexation will not hinder or prevent the proper growth and development of the area or that of any other incorporated city located in Douglas County. I have many of the concerns Commissioner Thellman d s but I think this is a first step. We can't see any of the infrastructure development. We can't see the drainage studies. We can't see any of those items until we've taken the step to allow the annexation. And then the city I trust will work on this area consistent with the planning documents that we have a corridor, it's not a random all across the county annexation, but a corridor for industrial growth that's appropriate and consistent with our planning documents. And as it progresses, after we take this first baby step all the other plans with come into place and the necessary hurdles will need to be cleared before that can happen. That's my motion to ask staff to prepare a resolution making that finding. Motion was seconded Gaughan and carried 2-1 with Thellman in opposition.

APPOINTMENT 07-27-11
Flory moved to appoint the 2011-2012 membership of the Douglas County Emergency Management Board and nominated the members to the State Emergency Response Commission as the Local Emergency Planning Committee for D
ouglas County. Motion was seconded by Gaughan and carried 3-0. The appointments are as follows:

MISCELLANEOUS 07-21-11
The Board opened for public comment on the consideration to authorize the County Commission Chair to execute a contract with P.D.O Investors, LLC to purchase approximately 34 acres in the Franklin Business Park as a future site of the Public Works facility. 

Terry Jacobsen, Printing Solutions of Kansas, Inc., asked for clarification on the County's intentions to purchase two sites adjacent to the proposed Public Works site. Flory explained the County plans to offer two property owners appraised value for their land, but that d s not obligate the property owners to sell.

Price Banks, resident, commended the Board for the direction they are heading using great vision, foresight and outstanding planning. 

Greg Robinson, 3116 Trail Road, stated he is dismayed by this proposal. He stated concerns that the County has up made decisions to purchase property for a new Public Works site without any notification to the public, with this purchase including adjacent sites without notification to those property owners.

Flory responded by laying out the approximate time line for discussion on locating a Public Works site, which began more than a year ago. A presentation was made to the Board in October 2010 regarding three possible plans for the Public Works department. There was a unanimous decision by the Board to opt for the long-term plan creating a new county shop. The County has opted to use money owed us by the state from the gasoline tax that was improperly withheld to purchase this property. The offer has not yet been made. As primary property within the covenants of Franklin Business Park, the County would not be opposed to allowing a homeless shelter in the business park.
 
The Board discussed their decision to consider the possible land purchase in executive session as being legal and necessary to complete their negotiations on the land.

Jacobsen added that he was aware of the County's wishes to purchase his property. He just had not spoken directly to the County.
 
Kelly Lorenzo, resident, stated concerns about children living near a homeless shelter, the occupant's lifestyle and the effect it will have on her property value.  

Gaughan moved to authorize the County Commission Chair to execute a contract offer to P.D.O. Investors, LLC to purchase approximately 34 acres in the Franklin Business Park as a future site of the Public Works Department in the amount of $1,196,000. Motion was seconded by Thellman and carried 3-0.

ACCOUNTS PAYABLE 07-27-11
Gaughan moved to approve accounts payable in the amount of $379,267.76 to be paid on 07/28/11. Motion was seconded by Flory and carried 3-0.

Flory 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