Meeting Information
WEDNESDAY, APRIL 6, 2016
4:00 p.m.
-Proclamation for “Child Abuse Prevention Month” (Diana Frederick)
-Presentation of Champion for Child Abuse and Neglect Prevention Award (Diana Frederick)
-Proclamation for “National Public Health Week” April 4-10, 2016. (Dan Partridge)
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Consent approval of bituminous frictional seal contract Project No. 2016-05
(Keith Browning);
(c) Consider approval of Chip Seal contract with Vance Brothers, Inc., Project No.
2016-1 Chip Sealing various County roads (Keith Browning); and
(d) Consider approval of contract for Dust Palliative supply and application
(Keith Browning)
REGULAR AGENDA
(2) 2015 Lawrence-Douglas County Health Department Annual Report (Dan Partridge)
(3) TA-15-00571: Consider a Text Amendment to the Zoning Regulations for the Unincorporated Territory of Douglas County, Kansas to add Wind Energy Conversion Systems. Initiated by County Commission on 10/21/15. (Sandra Day is the Planner.)
(4) (a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
-Board of Construction Codes Appeals (1) position 12/15
-Heritage Conservation Council (2) positions 05/16
-Community Corrections Board (2) positions 01/16 and 05/16
-Planning Commission (2) positions 05/16
(c) Public Comment
(d) Miscellaneous
(5) Adjourn
April 6, 2016
Flory called the regular meeting to order at 4:00 p.m. on Wednesday, April 6, 2016 with all members present.
PROCLAMATION 04-06-16
Thellman moved to approve a proclamation declaring April 2016 as “Child Abuse Prevention Month” in Douglas County. Motion was seconded by Flory and carried 3-0.
PRESENTATION 04-06-16
Mandy Nestler, Health Families Case Manager with the Lawrence-Douglas County Health Department, was presented the Douglas County Child Abuse and Neglect Prevention Award.
PROCLAMATION 04-06-16
Flory moved to a proclaim April 4-10, 2016 as “National Public Health Week” in Douglas County. Motion was seconded by Gaughan and carried 3-0.
MINUTES 04-06-16
Flory moved to approve the minutes for January 13, January 20, February 3, February 17, February 24, March 2, and March 9, 2016. Motion was seconded by Gaughan and carried 3-0.
CONSENT AGENDA 04-06-16
Flory moved approval of the following Consent Agenda:
► Contract with Vance Brothers, Inc. for the low-bid amount of $44,000.86 for Project No. 2016-05, bituminous frictional seal of various rural subdivision roads, and authorization for the Public Works Director to approve change orders up to 5% of the contract amount;
► Contract with Vance Brothers, Inc. for the low-bid amount of $948,042.72 for Project No. 2016-1, chip sealing carious county roads and City of Lecompton roads, and authorization for the Public Works Director approve change orders up to 5% of the contract amount;
► Accept low bid and award the contract for supply and application of 32% magnesium chloride solution for the user fee dust palliative program to Scotwood Industries, Inc. at a unit cost of $0.940 per gallon.
Motion was seconded by Thellman and carried 3-0.
HEALTH DEPARTMENT 04-06-16
Dan Partridge, Director of the Lawrence-Douglas County Health Department, conducted a brief presentation on health department accreditation. No action was taken.
PLANNING 04-06-16
The Board considered Text Amendment TA-15-00571 to the Zoning Regulations for the Unincorporated Territory of Douglas County, Kansas to add Wind Energy Conversion Systems. The item was initiated by the County Commission on 10/21/15. Sandra Day, Lawrence-Douglas County Metropolitan Planning staff, presented the item.
The County Code currently does not specifically address Wind Energy Conversion Systems. Discussion began in late 2013 when NextEra Energy submitted an application for a CUP to install temporary meteorological towers for wind speed measurements. Since then, towers were installed and then removed. The County placed a temporary moratorium on wind energy conversion systems which has been extended several times.
The current text amendment includes a two tiered system for the regulation of wind towers/turbines that separates large commercial wind farms which require a CUP and small personal wind turbines.
The text amendment is designed to give applicants an idea of the types of questions and information we will require for an application process such as structure type, size, placement, abandonment, removal and reclamation.
Flory asked if there were comments from the Planning Commission. Day replied there were none.
Flory suggested staff schedule a 6 p.m. public hearing to take public comments on the proposed amendment. He likes the fact we are distinguishing between the small and large turbines. Flory wants there to be codes in place before we accept applications and he stressed he would like the 1,000 feet notification process to be extended to one mile due to the height of some of the turbines.
Day replied the 1,000 feet notification stipulation is a statutory requirement. The Board can request extraordinary notice for the sake of neighbor notification though anyone past the 1,000 feet notification would not be part of a protest petition process. The notice boundary is measured from the boundary of the parent parcel, not the specific portion of the property that is leased for the wind turbine operation.
Flory asked if we can incorporate a Home Rule Resolution to establish a one-mile protest area for wind energy systems. Day replied that would be something legal counsel would need to determine.
Flory said before we deal with small wind energy conversion system he wants more specificity. Day said ideally small systems would be subject to the building codes and approved administratively but she will follow up with more information.
Eileen Horn, Sustainability Coordinator, stated in addition to planning staff, sustainability and council working on the regulations, the regulations were sent to: EDPR, a wind development firm that developed the Waverly Wind installation in Coffee County; Joe King with Coriolis Energy who is a consultant in the field; and Scott White who is on the Sustainability Advisory Board who staffed the Kansas Energy Information Network, to get multiple perspectives.
Flory asked on existing systems if there is a tax or fee imposed by the county that generates revenue. Horn responded it’s called “payment in lieu of taxes” in which the county negotiates with the wind developers. Horn said it would be a key element in discussion but the language cannot be included in the CUP because it may look like the approval of the CUP was contingent upon paying the county.
Thellman stated concerns there should be added language limiting the systems in federal designated floodways and in airport hazard districts. Day stated she will review the language as this is not addressed in the zoning codes.
Flory moved to table the item for further consideration for 30 days and then to bring it back for consideration, based upon information and clarification for staff.
Flory opened the item for public comment.
Wayne Coffman, Douglas County resident, stated he has been approached by a wind energy company. He has concerns about what happens when a company can’t afford to remove the equipment.
Flory replied the County implements a performance bond as a condition of the CUP. The applicant purchases the bond for a specific amount to cover decommission of the tower. The County would use the bond to cover the cost, like the requirements made for quarries.
The motion was seconded by Gaughan and carried 3-0.
ACCOUNTS PAYABLE 04-06-16
Flory moved to approve accounts payable in the98 amount of $166,238.41 paid on 04/07/16; and payroll in the amount of $906,109.77 paid on 04/01/16. Motion was seconded by Thellman carried 3-0.
Gaughan moved to adjourn the meeting. Motion was seconded by Thellman and carried 3-0.
____________________________ ____________________________
James E. Flory, Chair Mike Gaughan, Vice-Chair
ATTEST:
____________________________ _____________________________
Jamie Shew, County Clerk Nancy Thellman, Member
Time and Date