WEDNESDAY, SEPTEMBER 21, 2016
(1) (a) Consider approval of Commission Orders;
(b) Review and Approve a contract between Douglas County and the Youth Advocate Program, Inc. (Pam Weigand);
(2) Consider approval of the 2016 Finance Policy (Sarah Plinsky)
(3) Discuss Septage land application issues (Dan Partridge; Craig Weinaug)
(4) Consider revisions to the County Code regulating construction within public rights-of-way (Keith Browning)
(5) (a) Consider approval of Accounts Payable (if necessary)
-Board of Construction Codes Appeals (1) position 12/15
(c) Public Comment
September 21, 2016
Flory called the regular meeting to order at 4:00 p.m. on Wednesday, September 21, 2016 with all members present.
CONSENT AGENDA 09-21-16
Flory moved approval of the following Consent Agenda:
► Commission Order No. 16-027 (on file in the office the County Clerk); and
► Community Alternatives to Placement Agreement for Youth Services
Motion was seconded by Thellman and carried 3-0.
PUBLIC COMMENT 09-21-16
Clark Campbell, University of Kansas Swim Coach, thanked Douglas County and staff for their assistance in making the first national collegiate swim event at Lone Star Lake a huge success. The event was published in the USA Today newspaper and Time Warner has committed to a one-hour special for next year’s event.
HEALTH DEPARTMENT/SEPTAGE 09-21-16
The Board discussed septage land application issues with Dan Partridge, Director of the Lawrence-Douglas County Health Department.
Partridge stated he had received a concern from the public regarding the practice of land application of septage. He asked the County Commission for input. The U.S. Environmental Protection Agency (EPA) began regulating land application of septage in 1993. Though many states have established standards based on Title 40, Part 503, of the Code of Federal Regulations, Kansas does not have these standards. Instead, Kansas has established standards through local sanitary codes with the Lawrence-Douglas County Health Department being the body that oversees the land application permitting process. The County Sanitary Code determines how septage is handled. Current practice allows for land application on pasture grounds with criteria on distances from property lines and other stipulations. Current local regulations allow for spreading of septage directly onto the ground.
Partridge provided three options to address concerns raised by the public:
a) Prohibit land applications;
b) Add explicit language to the Douglas County Sanitary Code describing a setback distance from residential structures; and
c) Health Department to fully utilize EPA standards when administering land application provisions of the Sanitary Code.
Partridge said any changes to the code would require approval through the KDHE, even when applying additional EPA standards.
Thellman asked how many other dump sites there are in Douglas County. Partridge responded this is the only site. The applicant has a time frame on use of this site and has submitted an application for a new site.
Gaughan asked how option “C” is different than what we are doing today. Partridge responded “C” would provide clarity to the public and health department. We have a process in place. The guidelines from the EPA do not set clear setback requirements.
Thellman asked if there are any setback requirements for farmers who spread manure on their fields. Partridge said he is not aware of any.
Flory opened the item for public comment.
Penny Keelan Bowie, 903 N 1750 Road, stated she was not aware that the adjacent property to her land was a dumping site until she saw the truck dumping waste. Her issues are not with the waste haulers, but with the regulations. She would like to see more research on the setback regulation and feels the neighbors should have a say in the application process. Bowie said her other concern is the current dumping site sits higher than the surrounding properties and runoff may reach her property.
Kelly McCartney, 1757 E 936th Road, said she would like the Board to reconsider the setback distance from other surrounding properties. She said there are days she cannot have lunch in her backyard due to the smell from the dumping.
Mark Anderson, legal representative for Honeybee, said any odors the neighbors have experienced in the past were a result of the prior owner of Honeybee. He added in this instance, the dumping ground is not owned by the company dumping. The land owner is paid $10 for every $1,000 gallons disposed. The cost to use the city facility is $137.50. The only other alternative to ground dumping is the city’s septic system at a higher cost. Even if the EPA rules are not written in the County Code, the rules still apply. Anderson said he would like to be a part of the discussion process. The current code provides for a 100-foot setback from the property boundaries. In most cases, houses are built a considerable distance from the property line. The contract with current landowner of the dumping site is up for renewal shortly. Anderson said he is not sure if the landowner is willing to renew the contract with the new owner of Honeybee or if a new permit will be approved. Having another site is an efficient way to operate. A short haul is less costly to the business and the consumer. The application submitted by the new owner a month ago meets the County Code and Anderson asked that the application be approved.
Flory responded the County Commission does not approve this application. It is handled by the Lawrence-Douglas County Health Department who is the enforcement agency.
Tony Haden, 1762 E 936 Road, stated dumping creates a noxious smell after a huge rain. The previous Honeybee owner would dump after a rain which he feels shouldn’t be done.
Scott Helm, new Honeybee owner, explained the premix process used on the sewage prior to dumping. When done correctly there will be no foul odor. The odor would be similar to a swimming pool chemical. Helm said he is looking at another site because you can only apply a fixed number of gallons to a site per year. He agreed dumping after a rain is not good practice and he would not do so. In fact, he has not yet used the site in question.
It was the consensus of the board they would like to see additional study done on property setbacks for the dumping site. Flory said he feels more comfortable with the current situation after speaking with the new Honeybee owner. Partridge will be in touch with the property owner, business owner and the neighbors.
No action was taken.
ADMINISTRATIVE SERVICES/FINANCE POLICY 09-21-16
Gaughan moved to adopt the amended 2016 financial policy as presented. Motion was seconded by Thellman and carried 3-0.
PUBLIC WORKS 09-21-16
The Board considered revisions to the County Code regulating construction within public rights-of-way. The Kansas legislature adopted Senate Substitute for House Bill No. 2131 which grants wireless providers the statutory right to use county public road rights-of-way to locate wireless structures and facilities, subject to “reasonable public health, safety and welfare requirements and regulations” which must be competitively neutral between wireless providers and traditional utilities. Browning stated he understands this to mean wireless companies can provide facilities in the public roads rights-of-way just like power, waterline, and phones companies. The bill does says the regulating authority has the right to establish regulations. Staff has worked with the county counselor on developing proposed revisions to the County Code and the proposed utility installation standards.
Flory opened the item for public comment. No comment was received.
Thellman moved to approve Resolution 16-22, amending the Douglas County Code, sections 9-107 thru 9-112 regulating construction with public rights-of-way. Motion was seconded by Gaughan and carried 3-0.
WALK-ON LETTER OF SUPPORT 09-21-16
It was the consensus of the Board to sign a letter of support for DCCCA submitting a proposal to the Department of Corrections in response to the 2016 Title II DMC/ATD Grant Application packet to fund an evidence-based approach that focuses on alternatives to detention. The letter does not commit Douglas County to supplying a funding match.
ACCOUNTS PAYABLE 09-21-16
Flory moved to approve accounts payable in the amounts of $474,282.50 to be paid on 09/22/16, $934,018.96 paid on 09/15/2016 and $3,797.69 paid on 09/12/16. Motion was seconded by Gaughan and carried 3-0.
The Board discussed limiting the upcoming October 12 and November 2 meetings to 4:00 p.m. only due to scheduling conflicts.
Flory moved to adjourn the meeting. Motion was seconded by Thellman and carried 3-0.
James E. Flory, Chair Mike Gaughan, Vice-Chair
Jamie Shew, County Clerk Nancy Thellman, Member