Meeting Information
4:00 p.m.
-Convene
-Consider approval of a proclamation declaring September as "National Preparedness Month" (Teri Smith/Jillian Rodrique)
-Consider approval of a proclamation declaring September 5-12, 2011 as "Just Food Fight Hunger Week" (Jeremy Farmer)
-Consider approval of the minutes of August 3 and August 10, 2011
CONSENT AGENDA
(1)(a) Consider approval of Commission Orders;
(b) Consider approval of Agreement for Engineering Services for engineering design of US-56 widening improvements from Bullpup Drive through the E 1600 Road intersection near Baldwin City, Project No. 56-23 KA-2294-01. (Keith Browning); and
(c) Consider approval of agreement for appraisal and R/W acquisition services, Route 1055 (6th Street) improvements from US-56 highway to Route 12, Project No. 2010-20 (Keith Browning)
REGULAR AGENDA
(2) Consider amending Lone Star Lake Park Rules and Regulations (Keith Browning)
(3) Discuss possible treatment of exotic nuisance plant at Lone Star Lake (Keith Browning)
(4) Authorize execution of contract for purchase of 34 acres from PDO investors for future Public Works facilities (Craig Weinaug)-Backup to follow
(5) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments:
Board of Zoning Appeals - 10/2011
Building Code Board of Appeals - vacancy
Douglas County Advocacy Council on Aging - vacancy
Douglas County Community Corrections Advisory Board - 12/2011
Douglas County Senior Services, Inc. Board of Directors - 12/2011
Jayhawk Area Agency on Aging Board of Directors - 09/30/11
Jayhawk Area Agency on Aging Tri-County Advisory Council - vacancy
Fire/EMS District No. 1 - 12/2011
(c) Miscellaneous
(d) Public Comment
RECESS
RECONVENE
6:35 p.m.
(6) Public Hearing for Rural Water District No. 4 petition to attach lands (Clerk's office)
(7) Adjourn
Flory called the regular meeting to order at 4:00 p.m. on Wednesday, August 31, 2011 with all members present.
PROCLAMATION 08-31-11
Jillian Rodrique, Emergency Management, presented and read a proclamation declaring September as "National Preparedness Month." Flory moved approval of the proclamation; Thellman seconded and the motion carried 3-0.
PROCLAMATION 08-31-11
Nancy Thellman read a proclamation declaring September 5-12, 2011 as "Just Food Fight Hunger Week." Flory moved to approve the proclamation; Gaughan seconded and the motion carried 3-0.
MINUTES 08-31-11
Flory moved to approve the minutes of August 3 and August 10, 2011. Motion was seconded by Gaughan and carried 3-0.
CONSENT AGENDA
Flory moved approval of the following Consent Agenda:
► Authorization for the Chair to sign an Engineering Services Agreement for engineering design of US-56 widening improvements from Bullpup Drive through the E 1600 Road intersection near Baldwin City, Project No. 56-23 KA-2294-01; and
► Agreement with Land and Title Services for appraisal, right-of-way and easement acquisition services for Project No. 2010-20, improvements to Route 1055 (6th Street) from US-56 highway to Route 12.
Motion was seconded by Gaughan and carried 3-0.
LONE STAR LAKE 08-31-11
Keith Browning, Director of Public Works, asked the Board to consider amending the current rules and regulations for Lone Star Lake to take effective January 1, 2012.
The following changes to the current rules and regulations were discussed:
Sect. 8-201.1.f.
Under this amendment, the use of fireworks in the Park is no longer allowed. This department spends significant time and money each year monitoring and cleaning up 4th of July fireworks. In addition to the annual expense, allowing fireworks use in county parks may be a liability to Douglas County. Fireworks are currently not allowed in state parks within Douglas County. Fireworks are not allowed in Johnson or Wyandotte county parks. Shawnee County allows fireworks in county parks two days prior to July 4th, but not on July 4th. Riley County d s not allow individual use of fireworks in parks, but d s have an organized display on July 4th. Franklin, Jefferson, and Leavenworth counties do not have county parks.
Sect. 8-201.1.j.
Added language to allow dogs to be off-leash in designated areas. We plan to designate an off-leash area near the southern portion of the lake. Under current regulations, there are no areas where dogs can be off-leash.
Sect. 8-201.1.l.
Added all-terrain vehicles to the list of prohibited vehicles.
Sect. 8-201.1.o
Added language to limit swimming to the period May 1 through September 15. These dates coincide with the dates that fishing is currently prohibited in the designated swimming area. Also added language prohibiting swimming beneath docks.
Sect. 8-201.1.p
Added language to allow inflatable watercraft manufactured and designed primarily for fishing. We have had complaints that fishermen cannot use such craft under the current regulations.
Sect. 8-201.3.e.
Revised language to prohibit any boats left unattended on the lake overnight. The current regulations require unattended boats to be docked at the marina boat docks. These docks no longer exist.
Sect. 8-201.4.e
Changed the allowable ski dates, and added holidays, in an effort to alleviate the need for the BOCC to pass a resolution each year stipulating allowable ski dates.
Sect. 8-201.5.e
Changed the word "tents" to "camping shelters".
Sect. 8-201.7
Changed daily camp site fees to $11.00 (no electricity) and $16.00 (with electricity). Current daily fees are $7.00 and $12.00.
Flory stated he cannot support prohibiting fireworks at Lone Star Lake, for any area whether the land be public or private.
Flory opened the item for public comment.
Paula Sh maker, cabin owner, stated she agrees the fireworks make a mess but she really likes them. She d sn't want to see restrictions placed
on the swimming area because she wants to encourage people to use the lake more. She also suggested providing the rescue support team a map on how to get to the lake and public swimming area. Craig Weinaug, County Administrator, stated staff will follow-up with the fire department and Emergency Communications.
After further discussion, Flory moved to approve the proposed regulations, deleting the fireworks prohibition Section 8-201.1.f. and the swimming restrictions under Section 8-201.1.o; and for the Board to revisit the fireworks issue before January 1 to discuss hours of fireworks restrictions. Motion was seconded by Thellman and carried 3-0.
[NOTE: Flory stated he will work with the Public Works Director and the Sheriff to determine language to resolve the fireworks issue]
PUBLIC WORKS 08-31-11
Keith Browning, Public Works Director, discussed the possible need for treatment for an exotic nuisance plant, Eurasian Water Milfoil (EWM), growing at Lone Star Lake. Richard Sanders, district fisheries biologist for the Kansas Department of Wildlife and Parks, did a thorough survey of the lake and found EMW growing in several areas of the lake with most extensive coverage in the swimming cove east of the dam. The most effective treatment is the use of a granular 2-4D which is approved for water use.
It was the consensus of the Board for Browning to work with Richard Sanders for a solution and return to the Board if direction is needed before next spring.
LAND PURCHASE 08-31-11
The item regarding the execution of the contract to purchase 34 acres from PDO Investors for the future Public Works facilities was deferred to the 6:35 p.m. meeting for the Commissioners to have a chance to review the contract.
ACCOUNTS PAYABLE 08-31-11
Flory moved to approve accounts payable in the amount of $170,959.66 to be paid on 09/01/11, a wire transfer in the amount of $315,512.13 paid on 08/31/11; and a manual check in the amount of $18,654.39 paid on 08/31/11. Motion was seconded by Gaughan and carried 3-0.
APPOINTMENT 08-31-11
Flory moved to reappoint Janet Grant to the Board of Zoning Appeal for a first full term ending 10/31/14. Motion was seconded by Thellman and carried 3-0.
APPOINTMENT 08-31-11
Flory moved to appoint Martin Johnston as Treasurer of Kanwaka Township filling the unexpired term of Paul Studebaker. Motion was seconded by Thellman and carried 3-0.
APPOINTMENT 08-31-11
Flory moved to appoint Jamie Shew, County Clerk, as the voting delegate representing the Douglas County Commissioners at the 36th Annual KAC Conference held November 13-15, 2011 in Topeka, Kansas. Motion was seconded by Thellman and carried 3-0.
RECESS 08-31-11
At 5:15 p.m., the Board recessed until the 6:35 p.m. meeting.
RECONVENE 08-31-11
The Board reconvened their regular session meeting at 6:35 p.m.
LAND ATTACHMENT/RURAL WATER DISTRICT NO. 4 08-31-11
Flory moved to open a public hearing regarding a Rural Water District No. 4 petition to attach lands. Flory opened the item for public comment. No comment was received.
Flory moved to approve the petition for attachment of land to RWD#4; legal description of land is as follows:
TRACT 5B:
A tract of land located in the South Half (S 1/2) of the Northwest Quarter (NW 1/4) of Section Twenty-Seven (S27), Township Thirteen South (T13S), Range Twenty East (R20E) of the 6th P.M., Douglas County, Kansas, more particularly described as follows: Commencing at the Southwest corner of the Northwest Quarter (NW 1/4); thence North 89°51'40" East a distance of 1,313.43 feet to the point of beginning, said point being on the South line of the Northwest Quarter (NW 1/4); thence North 00°27'01" East a distance of 662.68 feet; thence North 89°50'42" East a distance of 437.70 feet; thence South 00°27'01" West a distance of 662.80 feet, said point being on the South line of the Northwest Quarter (NW 1/4); thence South 89°51'40" West a distance of 437.70 feet to the point of beginning;
AND directed staff to prepare a Commission Order and bring before the Board for consideration on the Consent Agenda. Motion was seconded by Gaughan and carried 3-0.
LAND PURCHASE 08-31-11
The Commission reviewed the item regarding the 34 acres land purchase as deferred from the 4:00 p.m. meeting.
Flory opened the item for public comment. No comment was received.
Thellman moved to authorize the chair to execute the Real Estate Contract with PDO Investors for the purchase of land for the new Public Works site. Motion was seconded by Gaughan and carried 3-0.
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