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Commission Board Meeting on Mon, January 26, 2004 - 9:00 AM

Meeting Information: 
  • Convene
  • Pledge of Allegiance

 (1) (a) Consider approval of  Commission Orders
(b) Consider approval of resolution approving cereal malt beverage license (Patty Jaimes)
(c) Consider approval of Siren Maintenance Contract (Paula Phillips)

 (2) Consider approval of resolution imposing Board term limitations

 (3) Presentation by City of Lawrence staff about Quad County Cooperative effort to provide an alternate water source of supply to serve portions of Douglas County and three other counties.

 (4) Discussion of proposal to permit cluster development in the subdivision regulations  -- backup provided by Finger at meeting (Finger and Ziesenis)

 (5) Consider approval of 7th Judicial District Juvenile Justice Authority Funding Application for Core Programs for FY 2005 (Pam Weigand)

 (6) Consider approval of Mitigation Plan/Hazard Analysis Contract (Paula Phillips)

 (7) Consider approval of letter to Harvey County Board of Commissioners regarding property tax exemption for independent living units

 (8) Discussion of 2004 objectives - backup provided by Weinaug over the weekend

 (9) Other Business
  (a) Consider approval of Accounts Payable (if necessary)
  (b) Appointments
  (c) Miscellaneous
(d) Public Comment

 (10) Executive Session with County Counselor to discuss Farmland litigation

 (11) Adjourn

Meeting Location: 
County Courthouse
Street Address: 
1100 Massachusetts St, Lawrence, KS 66044, USA
Meeting Minutes: 

JANUARY 26, 2004

Jones called the meeting to order at 9:01 A.M. on Monday, January 26, 2004, with all members present. The Pledge of Allegiance was recited.

Johnson moved approval of the following Consent Agenda:

  • Approve Commissioners Order Nos. 5208, 5209, and 5210. Orders are on file in the office of the County Clerk;
  • Approve Resolution No. 04-04 granting a cereal malt beverage license to Clinton Marina Store; and
  • Pull the item "Consider approval of Siren Maintenance Contract" for discussion.

Motion was seconded by McElhaney and carried unanimously.

The Board discussed the renewal of the Outdoor Warning Siren Maintenance Contract with Blue Valley Public Safety. Paula Phillips, Director of Emergency Management, was present for the discussion. Phillips explained that Douglas County has had a contract for the maintenance of the outdoor warning siren system since 1986. The current contract with Blue Valley Public Safety of Grain Valley, Missouri expired December 31, 2003. The maintenance contract was a part of the bid process when the sirens were purchased in 2002. The proposed contract for 2004 will cost $11,036.04. This amount is less than what has been paid in previous years because the 30 sirens are under warranty until August 2006. This contract covers the siren's radio control and batteries, which are no longer under warranty. This contract also includes annual upgrading of the siren software. The Board questioned the feasibility of the County performing the work. Phillips stated she did not have the expertise. Johnson made a motion to waive the Purchasing Policy and approve the maintenance service contract for the outdoor warning sirens, approve the renewal of the outdoor warning siren contract for one (1) year with Blue Valley Public Safety, Grain Valley, Missouri, in the amount of $11,036.04, authorize the Emergency Management Director to execute the contract, and directed staff to conduct a thorough review before the contract expires in December 2004. Motion was seconded by Jones and carried unanimously.

Johnson made a motion to approve 7th Judicial District Juvenile Justice Authority Core Program funding application for FY 2005 as outlined below:

Core Program

FY 2005

FY 2004

Juvenile Justice Authority Case Management (DCYS)



Juvenile Intake and Assessment (The Shelter, Inc.)



Juvenile Intensive Supervised Probation (DCYS)

see below


Juvenile Intensive Supervised Probation with Day School Transfer (DCYS)





Motion was seconded by McElhaney and carried unanimously.

The Board considered approval of a Home Rule Resolution imposing term limits to Board and Commissions to which the Board appoints members. Bill Underwood, member of the Board of Zoning Appeals, questioned the purpose of the resolution. He noted concerns about term limits on the Board of Zoning Appeals in terms of consistency and knowledge of the regulations, etc. Jones explained that approval of this resolution was not intended to target individual Boards nor could they make exceptions for each individual Board. McElhaney made a motion to approve Home Rule Resolution No. HR-04-1-1 Imposing Term Limits to Boards and Commissions to which the Board Appoints Members. Motion was seconded by Johnson and carried unanimously.

Roger Coffey, Director of the City of Lawrence Department of Utilities, conducted a brief presentation regarding the Quad County Cooperative effort to provide an alternate water source of supply to serve portions of Douglas, Franklin, Miami, and Johnson Counties. Chris Stewart, Assistant Director of Water Utility Treatment and Distribution, was also present. No action was taken.

PLANNING 01-26-04
Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, provided an update on a proposal to permit cluster development in the subdivision regulations. Richard Ziesenis, Director of Environmental Health for the Lawrence-Douglas County Health Department, was also present for the discussion. No action was taken.

The Board discussed the Hazard Analysis & Mitigation Plan. Paula Phillips, Director of Emergency Management, was present for the discussion. Phillips explained that the Federal Emergency Management Agency/Department of Homeland Security now requires that state and local emergency management agencies develop and maintain a Hazard Mitigation Plan that includes a current Hazard Analysis. FEMA has provided funds for the development of these documents to the States, and the States, in turn, are sharing some of the funds with local emergency management agencies.

A Hazard Analysis includes not only the identification of the hazards (types, quantities, location, nature of the hazard impact, transportation commodity study) using current and historical information, but also a risk analysis (probability of event, environmental conditions, populations, properties and environments that could be impacted, prioritization of hazards and development of risk analysis methodology) and a vulnerability analysis (potential economic, environmental, infrastructure impact on public and private properties). The Hazard Analysis must include site visits, historical documentation, recommendations, photographs, interviews with local agencies and tables and maps in the final document.

The Mitigation Plan is based on the Hazard Analysis and includes recommended mitigation strategies for reducing the potential losses identified in the risk assessment, and that is based on existing authorities, policies, programs and resources, and the ability to expand on and improve these existing tools. This will include specific mitigation actions and projects being considered, with particular emphasis on new and existing buildings and infrastructure.

All appropriate local governmental entities (townships, cities, and respective departments) will be invited to participate in the development documents and then asked to review the documents before final approval from the Board of County Commissioners, the State of Kansas, and FEMA.

The State of Kansas developed a Request for Proposal for a contractor who would be willing to work with individual counties on these required documents. Kansas Emergency Management (KEM) also identified the criteria for each document to ensure that the FEMA guidelines were met, and provided the criteria to the contractor they have approved for this work. KEM has approved E-Fm Consulting to develop these documents.

If Douglas County agrees to work with the contractor, Kansas Emergency Management will provide $20,000 towards the cost of the work. If Douglas County decides to develop the documents independently, no funds will be provided to the County for their efforts.

E-Fm, Inc. has a proposal for developing the Hazard Analysis and the Mitigation Plan for Douglas County. The cost of the Hazard Analysis will be $24,865 and the cost of the Mitigation Plan will be $4,965, for a total of $29,830. E-Fm, Inc. just completed the terrorism assessment of each county for the State of Kansas, and therefore the total fee includes a credit for the work already done on the terrorism assessment. The terrorism assessment is another requirement of the Hazard Analysis.

The two projects will be paid using $20,000 granted by Kansas Emergency Management, and $9,830 from the FFY2003 FEMA State & Local Assistance (SLA) Grant funds. The SLA grant fund balance is currently $27,000.

Phillips stated that she was of the opinion that Douglas County Emergency Management staff does not have the staffing level or expertise to develop these two documents in a timely manner, nor in such a way that complies with all of the federal and state guidelines. To complete the development of these two documents to meet the State deadline, both Emergency Management staff persons would have to completely drop all other current and on-going projects. Additionally, at some point some outside assistance would be needed to develop the risk analysis methodology.

Jones stated he would prefer to spend no more than $20,000. Staff was directed to attempt to scope down the project within the Federal requirements utilizing no more than the $20,000 provided by Kansas Emergency Management, and bring it back to the Commission in one (1) week.

On January 21, 2004, representatives from Harvey County, Kansas conducted a presentation with regard to independent living unit tax exemptions, requesting that Douglas County support efforts through the Property Tax Fairness Coalition to encourage the Kansas legislature to redress this tax inequity. At that meeting, the Board requested that a list of other entities currently on board with this proposal be provided along with a letter drafted on the Board's behalf. Craig Weinaug, County Administrator, presented the draft letter for the Board's consideration. Rhonda Parks, Executive Director of the Lawrence Presbyterian Manor, was present for the discussion. It was the consensus of the Board to support the letter. McElhaney made a motion to approve the proposed letter for the Board's signature; Johnson seconded, and the motion carried unanimously. The Board also directed staff to mail a copy of the letter to the Douglas County Legislative Delegation.

The Board discussed objectives for 2004. No action was taken.

Jones moved approval of accounts payable in the amount of $3,027.04 to be paid 1/23/04; accounts payable manual checks in the amounts of $100.00 and $575.00; payroll in the amount of $566,132.76; and electronic funds transfers in the amounts of $41,796.18 for FICA; and $32,662.08 for KPERS to be paid 1/23/04. Motion was seconded by Johnson and carried unanimously.

At 11:25 A.M., Jones made a motion that the Board go into Executive Session until 11:40 A.M. with Craig Weinaug, County Administrator, and Evan Ice, County Counselor, to discuss Farmland litigation. Motion was seconded by Johnson and carried unanimously. At 11:38 A.M., Jones made a motion to extend the Executive Session until 12:00 P.M., seconded by Johnson and carried unanimously. The Board returned to regular session at 11:54 A.M. No action was taken.

McElhaney made a motion to adjourn; Johnson seconded and the motion carried unanimously.

_____________________________ _____________________________
Charles Jones, Chairman Bob Johnson, Member


_____________________________ _____________________________
Patty Jaimes, County Clerk Jere McElhaney, Member