Meeting Information
Amended Agenda
WEDNESDAY, AUGUST 10, 2011
4:00 p.m.
-Convene
-Proclamation to honor Sidney M. Haupt for 40 years of service to Douglas County
-Consider approval of the minutes of June 29, 2011.
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
REGULAR AGENDA
(2) Consider adopting Resolution No. 11-25 establishing findings that the annexation of approximately 67 acres (A-3-1-11), located on the south side of N 1800 Rd (Farmers Turnpike) and between the extended alignments of E 900 Rd and E 950 Rd., will not hinder or prevent the proper growth and development of the area or that of any other incorporated city located within Douglas County.
(3) Energy efficiency update and Sustainability Team initiatives - Eileen Horn (no backup);
(4) Consider approval to authorize the Board of County Commissioners Chair to sign a Waterline Utility Easement document and Temporary Construction Easement document granting the City of Lawrence permanent and temporary construction easement to construct and maintain a waterline main situated within Douglas County property at 711 E 23rd Street (Keith Browning);
(5) Consider approval of project agreement with KDOT for the reconstruction of the Route 6 curve at N 1150 Road, Project No. 23 C-0059-01 (Keith Browning);
(6) Consider KDOT Project Agreement for Corridor Management funding US-56/Route 1055 intersection improvements in Baldwin City Project No. 56-23 KA-2341-01 (Keith Browning)
(7) Consider approval to authorize the BOCC Chair to sign the First Amendment to Engineering Services Agreement for Project No. 2010-20, the reconstruction of Route 1055 from US-56 highway to Route 12. (Keith Browning)
(8) Determine 2012 Maintenance Budget for the Hesper Charter Road Improvement District (Keith Browning)
Flory called the regular meeting to order at 4:00 p.m. on Wednesday, August 10, 2011 with all members present.
PROCLAMATION 08-10-11
Flory read a proclamation honoring Sidney M. Haupt, Public Works Department, for 40 years of service to Douglas County.
MINUTES 08-10-11
Flory moved to approve the minutes of June 29, 2011. Motion was seconded by Thellman and carried 3-0.
RESOLUTION/ANNEXATION 08-10-11
The Board considered the adoption of Resolution 11-25 establishing findings that the annexation of A-3-1-11 will not hinder or prevent the proper growth and development of the area of that of any other incorporated city located within Douglas County.
Flory recited the finding that the City and County are experiencing a shortage of available industrial space with convenient access to the Kansas Turnpike, I-70, and that shortage is causing potential new industry to locate in other communities and thereby preventing the County from realizing increases in its tax base and employment population because the proposed use of the property in this instance is industrial. The City's annexation of property will provide additional available sites from which new and expanding businesses may choose which may further economic growth and job creation in the City and the County. Flory further found the property is within the urban growth area of the City of Lawrence, is defined in Horizon 2020 and more than three miles from the nearest boundary of the City of Lecompton. His findings were that the property has excellent access to state and federal highways, specifically the Kansas Turnpike, I-70, K-10 and US Highways 40, US 56 and US 59 and is located on an arterial road, that being the Farmer's Turnpike, and is within one mile terminus of the freeway that extends north of the terminus of K-10 Road which is very near to the interchange of the Kansas Turnpike, and is positively situated for industrial use. He further found that the development code for the City of Lawrence, which will govern the development if the property if annexed, provides greater protection to the landowners and others adjacent to and near the property than the County zoning regulations would provide. For instance, the development code of the City provides more comprehensive regulation for items such as stormwater drainage, lighting, noise, landscaping and building setbacks. He further found that the owner of the property could not reasonably identify the specific industrial uses of the property. Such uses will be dictated by demands of future businesses that purchase or lease all or some portion of the property but that the potential future uses of the property may ultimately include uses permitted within the industrial zoning classifications and the development code of the city including intensive industrial uses. He further found that the sector plan identifies the future land use of the property as industrial and I find that the sector plan is important to the Board's decision when sitting in a quasi judicial capacity for establishing property growth and development of the area. The sector plan in question d s provide this for industrial use and if it is to be disregarded in determining the proper growth and development of the area than our long-range planning documents are of little use. In conclusion, he found that based upon all the evidence and information presented to use during the hearing which was held that the annexation of the property by the city will not hinder or prevent the property growth and development of the area or that of any other incorporated city located within the County. All is provided in K.S.A. 12-520C. Those were my findings based upon the hearing we had and the resolution incorporates all of those.
Gaughan stated the basis of his decision comes down to the comprehensive plan and sector plans indicating appropriate future uses for that part of the city and that property in particular. And he concurs with many of the findings stated by Commissioner Flory.
Thellman referred to her previous statements from the July 27, 2011 meeting, and repeated her position stand that this annexation would hinder the proper development of the area.
Flory moved to approve Resolution 11-25 of the Board of County Commissioners of Douglas County finding that the annexation of specified property will not hinder or prevent the proper growth and development of the area or any other incorporated city within Douglas County, Kansas, and with the amendment referencing a change of date on page 2 to reflect the date of August 5, 2011 be revised to read August 4, 2011. Motion was seconded by Gaughan and carried 2-1 with Thellman in opposition.
SUSTAINABILITY 08-10-11
Eileen Horn, Sustainability Coordinator, and Bill Bell, Director of Buildings and Grounds, presented an update on the current energy efficiency projects. Horn introduced the newly formed Sustainability Team which represented all County departments. Brad Eldridge, team member representing the Appraiser's Office, gave a brief presentation of upcoming events. Flory stated that he would like to see some sort of prize system for departmental reduction of disposables.
PUBLIC WORKS 08-10-11
Keith Browning, Director of Public Works, presented a Waterline Utility Easement document and Temporary Construction Easement document granting the City of Lawrence permanent and temporary construction easement to construct and maintain a waterline main situated within Douglas County property located at 711 East 23rd Street.
Gaughan questioned why the waterline was being placed where it might have to be relocated in the future. Browning explained it was because of the location of the current buildings and once the property is redeveloped and buildings are razed, the easement will be shifted.
Flory opened the item for public comment. No comment was received.
Gaughan moved approval for the Chair to sign a Waterline Utility Easement document and Temporary Construction Easement document granting the City of Lawrence permanent and temporary construction easement to construct and maintain a waterline main situated within Douglas County property at 711 E 23rd Street. Motion was seconded by Thellman and carried 3-0.
PUBLIC WORKS 08-10-11
The Board considered the approval of a project agreement with KDOT for the reconstruction of the Route 6 curve at N1150 Road, Project No. 23 C-0059-01. Keith Browning, Director of Public Works, presented the item.
Browning explained that federal funding will be used to reconstruct the current 20 mph curve to a 45 mph curve. This area has a significant accident history. KDOT will reimburse 90% of all construction and construction engineering costs up to a maximum of $500,000. Engineering design will be conducted
in-house. Douglas County would be responsible for 10% of the construction costs along with right-of-way acquisition, utility relocations, and any construction costs that exceed $555,555.55. The current estimate for this project is $351,000. Construction would begin in the fall of 2012 following Labor Day.
Flory opened the item for public comment. No comment was received.
Flory moved approval of the Agreement with KDOT for the reconstruction of the Route 6 Curve at N1150 Road, Project No. 23 C-0059-01. Motion was seconded by Thellman and carried 3-0.
PUBLIC WORKS 08-10-11
Thellman moved approval of a Project Agreement with KDOT for Corridor Management program funding of improvements to the intersection of US-56 highway with Route 1055 (6th Street) in Baldwin City, Project No. 56-23 KA-2341-01. Motion was seconded by Gaughan and carried 3-0.
PUBLIC WORKS 08-10-11
Flory moved to approve the Chair to sign the First Amendment to Engineering Services Agreement for Project No. 2010-20, reconstruction of Route 1055 from US 56 Highway to Route 12. This contract names KDOT as a 3rd party beneficiary. Motion was seconded by Thellman and carried 3-0.
PUBLIC WORKS 08-10-11
Keith Browning, Director of Public Works, lead a discussion on determining the 2012 Maintenance Budget for the Hesper Charter Road Improvement District. As stated last year, the County has been spending more money on repairs then what was taken in. It was the consensus from the property owners to leave the budget at $30,000 and do minimum maintenance. Browning proposed the same budget for 2012 and stated Public Works will try to repair within that budget.
Keith Turnball, Improvement Committee, stated he wants more discussion and recommendations before approving the 2012 budget.
Craig Weinaug, County Administrator, stated there is an issue with the City of Eudora becoming a second class city. Road maintenance for county roads within the township area will be turned over to the City for maintenance. With Eudora residents no longer paying Eudora Township taxes, this will create a $40,000 hit to the township budget starting in the 2012 budget. The County plans to get the roads up to full condition before turning them over to the City of Eudora. Weinaug suggested that the $18,000 normally accrued for maintenance of these roads be absorbed by the County.
There was discussion on the approximate amount of $350,000 needed to complete patching and provide chip seal/overlay for these roads. The district did not want to spend $50,000 to make improvements last year. The maintenance was downgraded. The district wants to be involved in how the money is spent for repairs.
After discussion, the Board deferred the item to the August 24, 2011 meeting.
ACCOUNTS PAYABLE 08-10-11
Flory moved to approve accounts payable in the amount of $1,428,788.89 to be paid on 08/11/11. Motion was seconded by Gaughan and carried 3-0.
RECESS 08-10-11
Flory moved to recess until 6:35 p.m. Motion was seconded by Thellman and carried 3-0.
RECONVENE 08-10-11
The Board reconvened at 6:35 p.m.
PLANNING 08-10-11
The Board considered CUP-5-4-11 a Conditional Use Permit for a commercial greenhouse and nursery to permit accessory retail sales for an ecological restoration business located at 1271 N 222 Road, Baldwin City, Kansas. The application was submitted by Landplan Engineering, P.A., for Ronald E. Shouse, property owner of record. Sandra Day, Lawrence-Douglas County Metropolitan Planning Staff, was present for the discussion.
Gaughan questioned the time limit. Day stated that staff did not feel it was necessary since the use is allowed. The CUP is required due to the retail element, which is a small piece of their business. However, the Commission could add a limit if they so desire.
After discussion, Flory moved approval of a Conditional Use Permit for a retail nursery located at 1271 N 222 Road as set forth in the application, memo and minutes of approval by the Planning Commission. Motion was seconded by Thellman and carried 3-0.
MEMORANDUM OF UNDERSTANDING 08-10-11
The Board discussed a proposed Memorandum of Understanding (MOU) with Department of Social and Rehabilitative Services (SRS), City of Lawrence and Douglas County to provide for the continued operation of the SRS office in Lawrence, Kansas. Flory provided background information regarding the proposed MOU.
Flory opened the item for public comment.
Hank Booth, representing the Chamber of Commerce, made brief comments in support.
Ron Schneider, resident, also made brief comments in support.
Loren Henderson, representing the Lawrence Community Shelter, made brief comments in support.
Marci Francisco, 1101 Ohio, made brief comments in support and noted that she had toured the facility several months ago and noticed extra space and questioned whether it was possible to utilize the extra space and vacate the annex building.
Flory made a motion to close the public hearing. Motion was seconded by Gaughan and carried 3-0.
Flory made the following statement. He feels the first obligation of any governmental body is to protect the health, safety and welfare of the citizens you serve. Approving this proposal is essential for the commission to meet our obligations and responsibilities to the constituents especially the most vulnerable, the children, the elderly, the disabled and the impoverished. Immediate action was required. It would have been nice for this to play out at the state level. But neither he, nor his fellow constituents, could afford the luxury of letting it play out, or letting a single desk or chair go out the door. There are benefits of this proposal even though it utilizes local tax dollars for what is considered a state responsibility. We do have the continuation of essential services locally. We avoid the adverse impact on our local social services who many addressed this Commission in a morning meeting letting us know what budgetary and personal impacts the closure would have on them. The impact would have been significant. We retain local jobs so we keep a significant state payroll in the community. We have secured a state intention to keep the office open on a long-term basis. The downside is we're using local taxpayer dollars to fund a state responsibility. Those tax dollars will come out of the budget, not through a mill levy increase, but by a reconsideration of priorities on existing spending. It would be hard to put a priority higher than the people just mentioned. In his view the benefits significantly and considerably outweigh the downside, and simply stated is the right thing to do. He supports the proposal.
Gaughan commented that what is special about this community is who we put first. The community rallied around the families and individuals we serve in an incredibly respectful way. There was an opportunity for us to reflect a lot of what you're seeing in Washington now and Gaughan stated he thinks this community did a lot better job. And quite frankly better than what you see in Topeka sometimes. There's now a lot of discussion about setting precedence. The fact is we are charged with the responsibilities Commissioner Flory laid out. The rights and wrongs don't matter to the 10,000 people the SRS office serves or the 87 employees SRS depends on to supply the services. What matters to those individuals are the critical, basic, life-sustaining services that only SRS can provide are available in this community. The right thing to do is support this proposal and keep the office open.
Thellman stated she is grateful in this moment to be a part of this Commission. We've had a meeting of the minds and hearts. When it comes to the deep needs of our community we agree what comes first. Thellman said she received notes on setting precedence with state government and said it would have felt good to take a principle political stand and say it was inappropriate for us to pay. But more appropriately we had to weigh the cost of the closure and the needs of the people versus political stands. There will be time to make correction of this type of action at a higher level. But the immediate need was to think about the 10,000 people who were not served well by the state's decision to close the office. We can't ignore a $3-4 million payroll leaving our community. Thellman said she is proud of our community, our faith community, our citizens, so many SRS clients that made their way to public forums, the SRS employees that had to quietly stay strong under the most difficult circumstances who continued to serve our citizens. Thellman added she is not so proud of our state leaders at this moment. Her great hope is there will be real deliberation on this chapter and hopes the future will bring better decisions on behalf of our communities. She intends to support the proposal.
Flory moved to approve the Memorandum of Understanding and directed staff to initiate action to formalize the agreement with the City of Lawrence and the State Department of Social and Rehabilitative Services. Motion was seconded by Thellman seconded 3-0.
PUBLIC HEARING/2012 BUDGET 08-10-11
Flory moved to open a public hearing. No comments were received. Flory moved to close the public hearing. Motion was seconded by Gaughan and carried 3-0.
Flory stated he plans to vote to approve the budget because it d sn't increase the mill levy. However, he strongly disagrees on some of the general fund allocations. He fully supports the Heritage Preservation projects but d s not think we should fund it at $350,000 this year. Less funding and carry over from last year would be adequate. We are already funding $267,000 for heritage (historical societies). He is also supportive of economic development initiatives but disagrees with the $350,000 allocation. We already fund $275,000 for bioscience, which he believes is a targeted long-term project. Economic funding will be used to support the SRS office, but he feels $200,000 would be appropriate for this year's funding and still have some left over for small projects. He disagrees with these two funding because we have not provided funding for employee performance awards. We are doing COLA only. He asked the Board to reconsider. Flory stated is glad we now have the statute to consider a sales tax percentage to fund Heritage Preservation and Economic Development.
Gaughan discussed compromises made during the budget and fully plans to vote in support.
Thellman also stated supports the budget.
Gaughan moved to approve the 2012 Budget. Motion was seconded by Thellman and carried 3-0.
Note: Commissioner Gaughan directed staff to request a memo from Gilmore and Bell regarding the Douglas County credit standing.
Flory moved to adjourn the meeting; Gaughan 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