Meeting Information
4:00 p.m.
-Convene
-Consider approval of a proclamation declaring May 2012 as Bike Month (Chad Foster and Lisa Hallberg)
-Consider approval of the minutes for February 22, 2012.
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Review and approve 2013 Douglas County Community Corrections Comp Plan
(Deborah Ferguson);
(c) Consent Agenda acceptance of the low bid from Van Diest for 800 gallons of 2,4-D Amine at $12.79/gallon.(Terese Gorman);
(d) Consider awarding contract for Project No. 2012-8 to the low bid from Sunflower Paving in the amount of $512,856.55 for Route 442 to mill, patch, overlay and pave shoulders through Eudora (Terese Gorman);
(e) Consider approval to authorize the Sheriff to complete the purchase of three 2013 Ford Police Interceptor sedans, three 2013 Ford Police Interceptor utility vehicles and one 2012 Ford Explorer, and one 2012 Ford E-350 cargo van in the amount of $196,150 using the MACPP joint vehicle bid.(Ken McGovern);
(f) Consider awarding contract for Project No. 2012-7, pavement marking services, to Midwest Striping in the amount of $148,326.20.(Terese Gorman);
(g) Consider approving the purchase of one compact utility vehicle and one 1/2 ton pickup truck from Shawnee Mission Ford in the amount of $47,895 for Public Works (Doug Stephens/Jackie Waggoner);
(h) Consider waiving the formal bidding process and authorize staff to access the HGAC contracts with Heritage Tractor for a tractor mower in the amount of $23,104.60 for Public Works (Doug Stephens/Jackie Waggoner);
(i) Consider approval to increase the copier equipment lease by $7,443 for devices in the Register of Deeds and Community Corrections (Jackie Waggoner);
(j) Consider authorization to switch food contracts to Premier with U.S. Food Services for all food categories (except bread), and switching dairy contract on October 1, 2012. (Jackie Waggoner); and
(k) Consider approval of consent for the City of Lawrence to annex approximately 146 acres, plus adjacent rights-of-way, located generally at the northwest corner of Highway 40 and K-10 Highway (Toni Wheeler)
REGULAR AGENDA
(2) Food Policy Council presentation: 2012 Work plan for the Council (Eileen Horn)
(3) Consider awarding contract to Sunflower Paving in the amount of $513,102.10 for Project No. 2012-6, pavement rehabilitation on Route 1057 from Route 460 to Route 458, and on Route 460 from Route 1057 to E 2000 Road
(4) Consider Text Amendment TA-08-11-11 to the Douglas County Zoning Regulations for the Unincorporated Territory of Douglas County to establish Agritourism as a use in the County A (Agriculture) District. (PC Item 3; approved 8-0 on 3/26/12) (Mary Miller will present the item.)
(5) Discuss alternatives for non-preference tow policies. (Caitlin Stene)
(6) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments:
-Lawrence-Douglas County Metropolitan Planning Commission - 05/12
-Property Crimes Compensation Board - 04/12
-Heritage Conservation Council (2) Positions - 05/12
(c) Public Comment
(d) Miscellaneous
(7) Adjourn
Gaughan called the regular meeting to order at 4:00 p.m. on Wednesday, April 25, 2012 with all members present.
PROCLAMATION 04-25-12
Gaughan moved to approve a proclamation declaring May 2012 as "Bike Month" and the week of May 14-18, 2012 as "Bike to Work Week." Motion was seconded by Thellman and carried 3-0.
MINUTES 04-25-12
Gaughan moved to approve the minutes of February 22, 2012. Motion was seconded by Thellman and carried 3-0.
CONSENT AGENDA 04-25-12
Flory moved approval of the following Consent Agenda for items:
► Authorized Commission Order Nos. 12-017 and 12-018 (on file in the office of the Clerk);
► 2013 Douglas County Community Corrections Comprehensive Plan/Budget;
► Acceptance of the low bid from Van Diest for 800 gallons of 2,4-D Amine (Herbicide) at $12.79/gallon for Public Works Department, Bid No. 12-F-0011;
► Acceptance of the low bid from Sunflower Paving in the amount of $512,856.55 for Project No. 2012-8, which included 2"-deep milling, patching and asphalt overlay on Route 442 (10th Street) from the Wakarusa River bridge to K-10, and construction of 4'-wide paved shoulders from Ash Street to K-10, and authorized the Public Works Director to approve change orders up to 10% of the contract amount;
► Authorized the Sheriff to complete the purchase of three (3) Ford Police Interceptor sedans, three (3) 2013 Ford Police Interceptor utility vehicles, one (1) 2012 Ford Explorer, and one (1) 2012 Ford E-350 cargo van for the total amount of $196,150 using the MACPP joint vehicle bid;
► Awarded a contract for Public Works, Project No. 2012-7, pavement marking services, to Midwest Striping in the amount of $148,326.20;
► Purchase of one compact utility vehicle and one half-ton pickup truck from Shawnee Mission Ford using the MACPP purchasing contract in the amount of $47,895.00 for the Public Works Department;
► Waived the formal bidding process and authorized staff to access the HGAC contract with Heritage Tractor to purchase a JD 3520 Tractor mower with a 72" deck in the total amount of $23,104.60 for the Public Works Department;
► Change to copier equipment lease by $7,443.00 to add two additional devices for the Register of Deeds and Community Corrections;
► Authorized a change in food contracts for Youth Services and the Correctional Facility by switching to Premier with U.S. Food Services for all food categories (except bread), and switching dairy on October 1, 2012; and
► Consent for the City of Lawrence to annex approximately 146 acres, plus adjacent right-of-way, located generally at the northwest corner of Highway 40 and K-10 Highway.
Motion was seconded by Thellman and carried 3-0.
FOOD POLICY COUNCIL 04-25-12
Rita York, Douglas County Food Policy Chair, made a presentation to the Board on the role of the council and the 2012 Work Plan to focus on plan, product, process, and provide.
PUBLIC WORKS 04-25-12
Gaughan moved to award a contract to Sunflower Paving, the low bid, in the amount of $513,102.10 for Project No. 2012-6, pavement rehabilitation on Route 1057 from Route 460 to Route 458, and on Route 460 from Route 1057 to E 2000 Road which includes the add-alternate bid; and authorized the Public Works director to approve change orders up to 10% of the contract amount.
The bids received with Sunflower Paving as the lowest bid are as follows:
BID SUMMARY
COMPANY
BASE BID AMOUNT
ADD-ALTERNATE
COMBINED BID AMOUNT
Sunflower Paving
$376,709.00
$136,393.10
$513,102.10
Bettis Asphalt
$416,645.60
$153,621.45
$570,267.05
Killough Construction
$445,463.30
$145,356.00
$590,819.30
Little J 's Asphalt
$523,587.63
$170,551.62
$694,139.25
Engineer's Estimate
$497,461.50
$151,669.75
$649,131.25
Motion was seconded by Thellman and carried 3-0.
PLANNING/AGRITOURISM 04-25-12
The Board considered the approval of Text Amendment TA-08-11-11 to the Douglas County Zoning Regulations for the Unincorporated Territory of Douglas County to establish Agritourism as a use in the County "A" (Agriculture) District. The item was approved by the Planning Commission on March 26, 2012 with an 8-0 vote. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
Flory asked for an example of an agriculture exempt usage. Miller stated selling wine produced on the property is an agricultural exempt use. Under today's requirements, adding t-shirt sales would cause the need for a CUP permit because the shirts are a non-agricultural product. Under the text amendment, the business would need to register and be approved through the State. The agritourism operator would provide a copy of the Agritourism Promotion Act Registration Form to the Douglas County Zoning and Codes department to register the business with the County. No additional review would be required under these regulations.
Miller added that not all agritourism uses have to register. A wine tasting room would be considered agritourism with the county, but the Kansas Statute says it is an agricultural exempt use. It d s not fall under the zoning regulations or require a CUP and would not require a registration in our process, but the County would view it as an agritourism use.
Thellman asked what the incentives are to register with the State and County. Miller replied the County website could offer information and links regarding the registered business and events. The state offers liability waivers and financial incentives to registered agritourism uses.
Flory asked what we are trying to accomplish with the text amendment.
Miller stated we are trying to increase agritourism in the County. Farms with agritourism have a much higher income. Presently you can only do the agricultural exempt businesses, with no ancillary retails or live music. Miller sited other examples of the Pumpkin Patch, Corn Maze and Christmas tree farms which are seasonal events, but at present require approval through the CUP process because of ancillary sales. Under the text amendment, if determined an agritourism activity, these businesses would only need to be registered with the State and County.
Richard Hird, Lawrence-Douglas County Planning Commissioner, stated Douglas County has the ability to offer exceptional agritourism which helps local farms and creates economic development income for Douglas County. The Agritourism Committee originally drafted extensive language in the text amendment and decided to loosen the verbiage to promote the activity. A winery under the present system for example is an exempt activity. But if you sell a cork screw or put a picnic table outside you have to go through the entire CUP process. If a Christmas tree farm wants to sell a tree stand it would also go through the CUP process. The committee decided not to put the agritourism operator through that.
Flory asked how the County would control the activities the winery engages in.
Hird stated there are definitions for both the State and County in this ordinance.
There was discussion on the number of occupants allowed in an agricultural building during an event being 50 without requiring the building having to be upgraded to County Code standards, while meeting some ingress/egress and structure dimensions. Each registration would be reviewed on a case-by-case basis. If the business expands to include more than 50 occupants, the buildings would be required to meet County building codes. Property owners are still allowed to have private weddings receptions or private gatherings on their property without a CUP or a registration required. Natalya Lowther, Lawrence Resident and Douglas County farmer, stated she has had interaction with the committee through the process and likes the product coming from the committee. She feels the agriculture experience d sn't really fit into the building codes.
Thellman suggested inserting the word "safe" into the agritourism language for carrying out events in a "safe" existing agricultural building used for agritourism under Section A. Keith Dabney, Director of Zoning and Codes, agreed with adding the wording. Thellman directed staff to make the revisions.
Flory stated he supports agritourism but has concerns that registration through the state allowing ancillary activities could impact the neighbors with consequences such as dusty roads, increased traffic, and noise. He is concerned the County could lose control of regulating these types of situations. He wants to study the information further.
Gaughan agreed.
Flory moved to defer action on the text amendment and place on a future agenda for further discussion. Motion was seconded by Gaughan and
carried 3-0.
MISCELLANEOUS/TOW POLICIES 04-25-12
Caitlin Stene, Management Intern, made a presentation to the Board on alternatives for non-preference tow policies in Douglas County. Stene presented two possible options: 1) create and implement a tow company pricing list to be given to individuals in need of tow services; and 2) adopt regulations that make almost all tows non-consensual/police tows.
Option 1 is currently being used in the City of Wichita. If approved, Douglas County would ask tow operators to provide a copy of its standard pricing to be distributed to individuals needing towing services. Motorist would be responsible for choosing a tow service.
Option 2 would make the majority of tows non-consensual police tows. This process is used by the Cities of Overland Park, Lenexa and Merriam. The tow companies could get on a rotational list to be used by police officers if they enter into a contract with Douglas County agreeing to abide by certain requirements.
Evan Ice, County Counselor, clarified Wichita has a joint dispatch, but has their own system of calling for tows within the City of Wichita and handing out pricing lists for motorists to chose from. Johnson County cities treat towing accidents as non-consensual tows and do not ask a preference. But if the motorist happens to ask for a specific tow company, the police officer at the incident will honor the request.
Flory stated he feels there are three instances to deal with: 1) The attended tow where the owner has a preference; 2) the owner who has no preference; and then 3) the unattended tow where no vehicle owner is present.
Ice stated the unattended tow could be handled easily with a contract. There was discussion that the County could distribute a Request for Proposals (RFP) to get bids and enter into a contract with one or more tow companies. Officers could use a rotating list to call from. For attended tows, a list with companies that meet County criteria can be handed out to car owners in the event a tow is required. The goal is to try to get away from non-preference tows
Gaughan opened the item for public comment.
Charles Branson, District Attorney, urged the Commission to take a hands-on approach to the towing issue. He stated there are some fine operators in the County who are being taken advantage of because of bad operators. He would be happy to participate in further discussions.
Troy Gentry, owner of a local tow business, stated most of towing owners locally agree something needs to be done with pricing. He explained rates are implemented at the scene of the incident and no situation is the same. Some accidents take 5 minutes, some hours. However, it is not right for some of the fees being charged.
Jerry Taylor, Hillcrest Wrecker, stated he has owned his company since 1974 and has never seen the integrity of the towing industry taking advantage of people as they are by some companies today. There is misinformation and misconception. There used to be three or four tow companies on the list, now there are nine. There are companies that have gone out of business and phone numbers of businesses still on list that have new owners. There are almost no criteria required to be on the list
It was determined the District Attorney, County Administrator, County Counselor and Commissioner Flory will meet to discuss the County's tow options and bring a recommendation back to the Board of Commissioners for consideration.
APPOINTMENT 04-25-12
Gaughan moved to appoint Susan Hadl to the Property Crimes Compensation Board for a three-year term to expire April 2015. Motion was seconded by Thellman and carried 3-0.
ACCOUNTS PAYABLE 04-25-12
Gaughan moved to approve accounts payable in the amounts of $293,944.00 paid on 04/19/12, and $237,692.21 paid on 04/26/12; and a manual check in the amount of $96,687.50 paid on 04/16/12. Motion was seconded by Flory and carried 3-0.
Gaughan moved to adjourn the meeting; Thellman seconded and the motion carried 3-0.
____________________________ ____________________________
Mike Gaughan, Chair Nancy Thellman, Vice-Chair
ATTEST:
___________________________ _____________________________
Jamie Shew, County Clerk Jim Flory, Member
Time and Date