WEDNESDAY, FEBRUARY 1, 2017
(1) (a) Consider approval of Commission Orders;
(b) Consider approval of a service contract with Dr. Allen Beck for criminal justice consulting services (Robert Bieniecki);
(c) Consider acquisition of easement for the construction of Structure No. 19-91N-1.00E, Project No. 2017-54 (Keith Browning);
(d) Consider backup fuel contract with Capital City Oil (Jackie Waggoner); and
(e) Receive update on City of Lawrence FCIP project and any impacts on County Budget (Eileen Horn)
(2) Read across American Lawrence Program (Kathleen Morgan)
(3) Food Policy Council Annual report (Helen Schnoes)
(4) Consider resolution prohibiting bicycle traffic on Route 458 during construction of Project No. 2015-05 (Keith Browning)
(5) Consider variance to the strict application of Access Management regulations for Warren property located at approximately 1239 E 1900 Road (Keith Browning)
(6) Enter into an agreement with the Kansas Department of Health & Environment to collect and dispose of waste tires as part of the Zika Virus Mitigation Grant program.
(7) Consider request from Register of Deeds to transfer money from the ROD Technology Fund to the Technology Fund by the Commissioners to fund technology projects in other Douglas County land offices. (Kay Pesnell)
(8) Authorize the Assistant County Administrator to sign an agreement for General Property and Liability Insurance coverage. (Sarah Plinsky)
(9) (a) Consider approval of Accounts Payable (if necessary)
-Board of Construction Codes Appeals (1) position 12/15
-MPO Bicycle Advisory Committee (2) positions
-Community Corrections (1) positions
-Board of Zoning Appeals (1) position 10/16
-Lawrence-Douglas County Health Board – (1) Position 03/17
-Food Policy Council - (1) position
-Appointment of a County Commissioner to the MPO Policy Board
(c) Public Comment
February 1, 2017
Gaughan called the regular meeting to order at 4:00 p.m. on Wednesday, February 1, 2017 with all members present.
CONSENT AGENDA 02-01-17
Gaughan moved approval of the following Consent Agenda:
► Commission Order No. 17-005 (on file in the office the Count Clerk);
► Contract with Dr. Allen Beck for criminal justice consulting services in the amount of $5,000 per month during the Term of this Agreement terminating June 30, 2017;
► Acquisition of Easement for the construction of Structure No. 19-9N-1.00e, Project No. 2017-54, Tract No. 1 with Prairie Hearth, LLC of Holton, Kansas; Denise L. Breason, Inc of Lecompton, Kansas; and the Contract Buyer, The Board of County Commissioners of the County of Douglas, State of Kansas, on behalf of Douglas County, Kansas;
► Backup Fuel Contract with Capital City Oil based on the daily OPIS index plus a ten cent markup per gallon; and
► Receive update on the City of Lawrence FCIP project and any impacts on County Budget.
Motion was seconded by Thellman and carried 3-0.
READ ACROSS LAWRENCE 02-01-17
Kathleen Morgan, Direct of Development and Community Partnership; and Brad Allen, Director Lawrence Public Library, updated the County Commission on the Big Read/Read Across Lawrence program which is an annual event where everyone in Lawrence reads and discusses the same books.
PUBLIC WORKS 02-01-17
The Board considered a variance to the strict application of Access Management regulations for Warren property located at approximately 1239 E 1900 Road. Keith Browning, Director of Public Works, presented the item.
Andrea Warren owns an approximate 5-acre parcel along the west side of Route 1057 (E 1900 Road), created before 2006 when the current access management regulations were established. The parcel has approximately 301’ of frontage along Route 1057, which is less than the 1320’ required for this Principal Arterial roadway.
According to Chapter 9, Article 5 of the County Code, properties that met the prior regulations as of October 2006 shall not be denied a residential entrance permit solely for the reason that the property has insufficient frontage along a Minor Collector or Local Road. Section 9-512 establishes a variance procedure for properties that don’t have sufficient frontage along a public road classified as a Major Collector or Arterial Road, but otherwise meet the requirements of Section 9-502. The variance procedure involves the Board of County Commissioners naming a designee to hear the case and determine if a variance should be granted.
Thellman stated her only concern would be setting a precedent.
Browning stated there have already been several properties that have been in this situation and have been approved. All he asks is that the entrance to the road be a safe location and suggested placing entrance on the south side of the property.
Gaughan opened the item for public comment. No comment was received.
Thellman moved to grant a variance to the strict application of the access management regulations for the Andrea Warren property located at approximately 1239 E 1900 Road and approved residential access to the property. Motion was seconded by Derusseau and carried 3-0.
FOOD POLICY COUNCIL 02-01-17
Helen Schnoes, Food Systems Coordinator, made a presentation to the Board on the 2016 Annual Food Policy Council Report. Major accomplishments include $1,137,657 raised in grant funding, established the Common Ground Program utilizing vacant city owned properties; created a partnership to improve community health; engaged 200 residents in the Sunrise Project to oversee drafting and adopting the Food System Plan; received a Farmer’s Market program grant and Double Up Food Bucks to increase SNAP matching.
The presentation included updates from:
• Marlin Bates, County Director, K-State Research & Extension—Douglas County
• Marlin is also the Chair of the Douglas County Food Policy Council
• Rachel Myslivy, Double Up Food Bucks Coordinator, Douglas County
• Owie Tsosie, Community Coordinator, Sunrise Project
• Betty Pickerel, Community Coordinator, Sunrise Project
It was the consensus of the Board they are pleased with the work of the Food Policy Council and staff.
The Board recessed at 4:47 p.m. and returned to regular session at 4:52 p.m.
REGISTER OF DEEDS 02-01-17
Gaughan moved to approve a request from Register of Deeds to transfer $300,000 from the ROD Technology Fund to the Technology Fund by the Commissioners to fund technology projects in other Douglas County land offices. Motion was seconded by Thellman and carried 3-0.
PUBLIC WORKS 02-01-17
The Board considered a resolution prohibiting bicycle traffic on Route 458 during construction of Project No. 2015-05. Keith Browning, Director of Public Works, presented the item.
Public Works has scheduled construction to begin Route 458 from E 800 Road (Route 1/1039) to approximately 1,000 feet north of N 1156 Road. The project will include reconstructing three 40-mph curves to be 55-mpr curves, adding paved shoulders and flattening roadside slopes. Earlier phases will prohibit all traffic with designed signed detours. During middle phases of the project two lane of traffic will be open with restricted lane widths. Staff has received citizen concerns about bicycle traffic and motor vehicle traffic occupying the same restricted lane widths during construction.
Thellman asked how the bicycle community will be notified of the resolution if passed. Craig Weinaug, County Administrator, stated there is a list serve that will reach a large number of cyclists in the bike club. He will take the responsibility of putting the information on the bike club website.
Gaughan opened the item for public comment. No comment was received
Gaughan moved to approve Resolution 17-05 prohibiting bicycle traffic on Douglas County Route 458 from E 800 Road to n 1200 Road during construction of Project No. 2015-05. Motion was seconded by Derusseau and carried 3-0.
The County Commission considered a request to enter into an agreement with the Kansas Department of Health & Environment (KDHE) to collect and dispose of waste tires as part of the Zika Virus Mitigation Grant program. Eileen Horn, Sustainability Coordinator, presented the item.
The KDHE Bureau of Waste management received Zika Virus Mitigation Funds to address mosquito breeding sites in the most populous counties in Kansas. Waste tires provide an excellent breeding sources for mosquitoes and increase the risk of the Zika Virus. Each participating community will be allowed $1,000 for advertising a “Tire Amnesty Event” and then up to $10,000 for proper disposal of waste tires.
Horn outlined a Tire Amnesty Event Work Plan as follows:
1) Utilize targeted advertising and outreach to ensure landowners with large piles of waste tires are informed of the opportunity to have the waste tires disposed at no cost to them;
2) Then, assess any remaining funds to host an open-to-the-public Tire Amnesty Event for Douglas County residents to drop off seven tires per household.
Any additional cost above the $11,000 grant would need to be covered by Douglas County. Staff asked the Board to approve a resolution adopting a contract between KDHE and Douglas County for the Collection and disposal of waste tires; and to enter into an agreement finalizing the disposal action.
Gaughan asked if the Zoning Department has a list of locations where tires have been accumulated. Sean Reid, Director of Zoning and Codes, responded, yes, they do.
Gaughan opened the item for public comment. No comment was received.
Thellman moved to approve Resolution 17-04 adopting a contract between the Kansas Department of Health and Environment and Douglas County for collection and disposal of waste tires to help prevent mosquito breeding and stop the spread of mosquito borne diseases such as the Zika Virus; and authorized the County Administrator to enter into an agreement with the KDHE to collect and dispose of waste tires as part of the Zika Virus Mitigation Grant program. Motion was seconded by Derusseau and carried 3-0.
ADMINISTRATIVE SERVICES 02-01-17
Gaughan moved to affirm the actions of the Assistant County Administrator to approve an agreement with Travelers for General Property and Liability Insurance coverage in an amount not to exceed $465,951.00. Motion was seconded by Derusseau and carried 3-0.
ACCOUNTS PAYABLE 02-01-17
Gaughan moved to approve accounts payable in the amounts of $337,336.27 to be paid on 02/02/17. Motion was seconded by Thellman and carried 3-0.
Gaughan moved to appoint Christine Ebert to the Food Policy Council to fill the NGO-Health, Nutrition, MD position; and to reappoint William Vesecky to the Agricultural Producer position. Motion was seconded by Derusseau and carried 3-0.
Thellman moved to remove Nancy Thellman as the County Commission representative on the MPO Policy Board and to appoint Commissioner Michelle Derusseau to the position. Motion was seconded by Gaughan and carried 3-0.
Gaughan updated the Commissioners on the Criminal Justice Coordinating Council meeting from January 30, 2017. He stated the CJCC council would like the County Commissioners to attend the next meeting scheduled for March 7 at 10:30 a.m. to provide direction to the council.
Gaughan moved to adjourn the meeting. Motion was seconded by Derusseau and carried 3-0.
Mike Gaughan, Chair Nancy Thellman, Vice-Chair
Jamie Shew, County Clerk Michelle Derusseau, Member