Meeting Information
WEDNESDAY, JUNE 22, 2016
4:00 p.m.
-Consider approval of the minutes for April 6, April 11, April 13, May 18, May 25 and June 1, 2016
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Consider acquisition of easement for drainage structure no. 9.50N-9.00E
(Michael Kelly);
(c) Confirm use of emergency authority of the County Administrator to order structural steel for renovation of Project No. 2010-08; Bridge No. 12.65N-23.87E (Weinaug/ Browning);
(d) Authorize the County to accept Quit Claim Deed for parcel located at East Hills Business Park from Kansas University. (Weinaug and Handshy);
(e) Confirm authorization of the County Administrator to purchase truck for building maintenance and waiving purchasing policy for purchase (Sparkes, Weinaug);-
(f) Consider authorization to purchase Snap-Tite liners pipes from ISCO Industries in the amount of $116,359.85, and to pay for this purchase from the CIP (Keith Browning);
(g) Consider a modification of the November 11, 2015, Fixed Price Agreement for Research by and between Douglas County and the University of Kansas Center for Research, Inc. to fund Part II of the Douglas County Criminal Justice Related Activities project under the direction of Jason Matejkowski and Margaret Severson.(Jill deVries Jolicoeur);
(h) Consider approval additional treatment of Eurasion Water milfoil at Lone Star Lake, Dg.Co. Project No. 2016-54 (Keith Browning/Doug Stephens);
(i) Consider recommendation to renew Mental Health Services Contract (Ken McGovern); and
(j) Consider authorization to purchase precast concrete culvert Project No. 2017-54; Structure No. 19.91N-01.00E (Keith Browning)
REGULAR AGENDA
(2) Consider resolution establishing policy for placement of political signs in road rights-of-way (Keith Browning)-
(3) Consider approval of Longevity Program and Veteran’s Day Holiday Proposal (Sarah Plinsky)
(4) (a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
-Board of Construction Codes Appeals (1) position 12/15
-Community Corrections Board (2) positions 01/16 and 05/16
(c) Public Comment
(d) Miscellaneous
RECESS
RECONVENE
6:00 p.m.
(5) 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. Deferred by County Commission on 4/6/16. Sandra Day is the Planner
(6) Adjourn
June 22, 2016
Flory called the regular meeting to order at 4:00 p.m. on Wednesday, June 22, 2016 with all members present.
MINUTES 06-22-16
Flory moved to approve the minutes for April 6, April 11, April 13, May 18, May 25, and June 1, 2016. Motion was seconded by Gaughan and carried 3-0.
CONSENT AGENDA 06-22-16
Flory moved approval of the following Consent Agenda:
► Commission Order No. 16-021 and 16-022 (on file in the office the Count Clerk);
► Acquisition of Easement for Drainage Structure Replacement Project No. 2015-80; Structure No. 9.50N-9.00E with the following land owners: Kathryn S and John R. Wilson, Trustees under the Kathryn S. Wilson Revocable Trust dated August 28, 1991; 879 E 850, Lawrence, KS, for Tract No. 1; Michael J. and Patricia M. Curtis, 101 Mountain Laurel Drive, McDonough, GA, for Tract No. 2; Monica L. Curtis and Keith A. Heckman, 952 E900 Road, Lawrence for Tract No. 3; and Laurence W. and Ruth A. Curtis, 2823 Eagle Point Road, Middleburg, FL, for Tract No. 4;
► Authorized Public Works Director to accept a proposal from Doherty Steel, Inc. to fabricate and supply structural steel required for Project No. 2010-08, the rehabilitation of Bridge No. 12.65N-23.87E, at a cost of $36,617.00;
► Accepted Quit Claim Deed for parcel located at East Hills Business Park gifted to Douglas County from the KU Endowment Association legally described as:
0.71 acres in Section 3, Township 13 South, Range 20 East of the Sixth Principal Meridian, Douglas County, Kansas more particularly described as follows:
Beginning at a point 618 feet East of the Southwest corner of the Northwest Quarter in Section 3, Township 13 South, Range 20 East of Douglas County, Kansas; thence North 6.47 degrees West 153.5 feet to the South Right-of-Way of the ATSF Railroad; thence Southeast along said Right-of-Way 583 feet to the South line of said Northwest Quarter; thence West 543 feet to the point of beginning.
► Confirmed authorization of the County Administrator to purchase a truck for Building Maintenance and waiving the purchasing policy to purchase a 2016 Chevrolet 3500, 1-Ton, four wheel drive truck from Dale Willey for $28,514;
► Authorized purchase of Snap-Title liner pipes from ISCO Industries in the amount of $116,359.85 for Public Works department;
► Approval of modified Fixed Price Agreement for Research by and between Douglas County and the University of Kansas Center for Research, Inc. to fund Part II of the Douglas County Criminal Justice Related Activities in the amount of $65,692;
► Addition of the alternate “bump” treatment of Eurasian Water Milfoil at Lone Star Lake at an additional cost of $17,400.00 to the base contract previously awarded to Mountain Town Maintenance, Inc.;
► Renewal of mental health services contract for the correctional facility with an increase of $22,000.08 annual for as advanced practice registered nurse and a psychiatrist; and
► Authorization for the Public Works Director to approve purchase of a 12’-span x 9’-high x 26’-long precast RCB culvert from Forterra at a costs of $34,590.00 for Project No. 2017-54, replacement of Structure No. 19.91N-01.00E.
Motion was seconded by Thellman and carried 3-0.
PUBLIC WORKS 06-22-16
Flory moved to approve Resolution 16-17 establishing policy for size and placement of political signs in road rights-of-way. Motion was seconded by Thellman and carried 3-0.
ADMINISTRATIVE SERVICES 06-22-16
The Board considered approval of a longevity program and adding Veteran’s Day to the holiday schedule for Douglas County employees. Sarah Plinsky, Assistant County Administrator, presented the item.
Discussion on the longevity included: decreasing the annual amount from $75 (originally proposed) to $50 per year after comparing cost estimates, compensating for years one through five on the fifth year of employment; and to include the longevity pay towards our total compensation package. It was the consensus of the Board they were supportive of adding this benefit and it would be available as long as it can be afforded.
Flory opened the item for public comment. No Comment was received.
Plinsky added the program would start in 2016 though it was not budgeted. Money will be added to the budget for 2017.
Flory moved to approve the longevity program commencing in 2016, based upon a longevity award of $50 per year (accumulating from year 1 and compensating at year 5) and realizing that is the initial amount and subject to change by future commissions as needed for budgetary purposes, and based upon years of service from year one, but payout would not start until fifth year of service. Motion was seconded by Gaughan and carried 3-0.
Discussion on adding Veterans Day to the Douglas County Holiday Schedule included: other local and state governments recognize it and it is appropriate and meaningful to many Douglas Count employees; the cost was more than Commissioners originally expected; there were concerns about adding this before budget discussions; and Commissioners considered this holiday as another incentive for people to want to work for Douglas County.
Flory moved to approve adding Veterans Day to the 2017 Douglas County Holiday Schedule. Motion was seconded by Gaughan and carried 3-0.
ACCOUNTS PAYABLE 06-22-16
Flory moved to approve accounts payable in the amounts of $559,807.70
paid on 06/09/16, $564.66 and $411,465.36 paid on 06/16/16, and $541,275.56 paid on 06/22/16; and payroll in the amounts of $926,211.54 ending 05/21/16, $963,689.45, $270.00 and $523.39 ending 06/04/16.
Motion was seconded by Thellman carried 3-0.
APPOINTMENT 06-22-16
Thellman moved to appoint Lindsay Crick to the Heritage Conservation Council fill the unexpired term of Lori Hufle. Motion was seconded Gaughan and carried 3-0.
At 5:05 p.m., Flory moved the Board recess until the 6 p.m. meeting.
RECESS
RECONVENE
The Board returned to regular session at 6:00 p.m.
APPOINTMENT 06-22-16
Flory to approve the following appointments to the Consolidated Fire District #3: Johnnie Taul, Rob Harris, John Hey, John Mathis and Rick Hird to staggered terms. Motion was seconded by Thellman and carried 3-0.
PLANNING 06-22-16
The Board considered TA-15-00571, a Text Amendment to the Zoning Regulations for the Unincorporated Territory of Douglas County, Kansas to add Wind Energy Conversion Systems. The item was initiated by County Commission on 10/21/15 and deferred by County Commission on 4/6/16. Sandra Day, Lawrence-Douglas County Metropolitan Planning Staff, presented the item. Eileen Horn, Sustainability Coordinator, gave a brief background on staff research.
The proposed wind energy regulations are for the County Zoning Code and apply to the unincorporated areas, not cities of Lawrence, Eudora or Baldwin. The regulations distinguish between large commercial wind energy projects and small wind turbines. Any installation larger than 50kW for commercial sale of energy is considered a large commercial wind turbine and will require a Conditional Use Permit (CUP). The CUP application includes site plan, maps, survey and studies that address all impacts of wind energy. A small wind turbine for personal or small commercial use has a maximum capacity of 50kW and is to be used for proposed energy consumption on site and not for transfer or sale to a third party, and requires a building permit application, site plan and construction drawings.
The Commission had requested additional information on expanding notice boundary from 1000 feet to 1 mile with expanded protest. Staff finds you can include a mile radius for notification purposes; however, any landowners outside the 1000 feet boundary cannot be included in a protest petition as that falls under state statute guidelines.
Commissioners also requested information regarding Payments In Lieu of Taxes (PILOTs). Horn stated she spoke with Steve Miles, County Appraiser, who indicated that the legislature had limited tax exemption on PILOTs for wind farm projects to 10 years which becomes effective January 1, 2017. At this time Horn said she does not know how that will impact the wind industry. It may negatively affect the County’s ability to negotiate the PILOTs.
Flory asked if the PILOT has to be built into the resolution at this point or could it be accomplished through the CUP process. Horn replied you wouldn’t want to include anything regarding payment in the application process or the resolution. It would be a later negotiation with the wind developer.
Gaughan asked for clarification under Setbacks (b) of the proposed language, that the setback 110% is equal to length of tower plus length of blade. Day stated that is the intent.
Flory opened the item for public comment.
Rick Bryant, Lawrence Municipal Airport Board Chair, made two suggestions to the Board: 1) to consider requiring applicants to file a 7460 Form with the FAA on any structure taller than 100 feet, which determines conflicts with aeronautical approaches; and 2) regarding lighting, he asked the language read that the structure lighting meet FAA standards.
Thellman asked if these revisions would add months to the application process. Bryant replied it may add about six weeks to the process. The FAA is fairly responsive.
Scott White, Lawrence resident, said he worked for a wind developer. He agreed it would be beneficial to add the language as proposed by Bryant.
After discussion, Gaughan moved to approve Text Amendments TA-15-00571, amending Sections 303, 319 and 321 of Chapter 12, of the Douglas County Zoning Regulations to establish Wind Energy Conversion Systems as a Conditional se with associated standards; and adding new language to 1) require applicant to file Form 7460 with the FAA to determine conflicts with aeronautical approaches and 2) language to require structure lighting must meet FAA standards. Motion was seconded by Thellman and carried 3-0.
Flory moved to adjourn the meeting. Motion was seconded by Gaughan and carried 3-0.
____________________________ ____________________________
James E. Flory, Chair Mike Gaughan, Vice-Chair
ATTEST:
___________________________ _____________________________
Jamie Shew, County Clerk Nancy Thellman, Member
Time and Date