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Commission Board Meeting on Wed, March 8, 2017 - 4:00 PM and 6:00 PM

Meeting Agenda: 

Amended Agenda

4:00 p.m.

(1) (a)  Consider approval of Commission Orders;
  (b)  Consider accessing Cooperative Contract for the renovation of the Treasurer Satellite  
      Office inside the Dillon store at 6th Street (Jackie Waggoner);
  (c) Consider recommendations to purchase vehicles for Public Works (Jackie Waggoner);
  (d) Consider acquisition of easement for Project No. 2015-05 for County Route 458    
      (Michael Kelly)

(2) Presentation of LEED Certification for Public Works (Eileen Horn)-No backup

(3) Presentation of Tourism impact study for Douglas County by Explore Lawrence (Michael Davidson, Executive Director)

(4) Criminal Justice Coordinating Council update (Robert Bieniecki)-No backup

(5) (a) Consider approval of Accounts Payable (if necessary)  
 (b) Appointments  
 -Board of Construction Codes Appeals (1) position 12/15
 -MPO Bicycle Advisory Committee (2) positions
 -Community Corrections (1) position
 -Board of Zoning Appeals (1) position 10/16
 -Lawrence-Douglas County Mental Health Board – (1) joint position 04/17
 -Lawrence-Douglas County Housing Authority Board (1) position 06/17 
 -Metropolitan Planning Commission – Positions (2) 05/17
 (c)  Public Comment
 (d)  Miscellaneous   


6:00 p.m.

(6) Extension request for approval of CUP-15-00613: Conditional Use Permit for Calico Village, an Athletic Field complex for youth soccer on approximately 80 acres, located at the intersection of E 1750 Rd & N 1300 Rd. Submitted by Jambars Futbol Club Inc, on behalf of John Pendleton for Lorita H Pendleton, Trustee, property owner of record. (Approved by the Board of County Commissioners on February 10, 2016.) Mary Miller is the Planner.

(7) Executive Session for the purpose of consultation with legal counsel for the County regarding pending litigation, which would be deemed privileged under the attorney client relationship.

(8) Adjourn

Related Document(s): 
Meeting Location: 
County Courthouse
Street Address: 
1100 Massachusetts St, Lawrence, KS 66044, USA
Meeting Minutes: 

March 8, 2017

Gaughan called the regular meeting to order at 4:00 p.m. on Wednesday, March 8, 2017 with all members present.

Gaughan moved approval of the following Consent Agenda:
►  Commission Order No. 17-012 (on file in the office the County Clerk);
►  Authorized staff to access the National Joint Powers Alliance (NJPA) and National Purchasing Partners (NPP) contracts for the remodel of the Treasurer’s Satellite Office located in Dillon Store at 6th Street and Lawrence Avenue in a cost not-to-exceed $56,868;
► Approval to access the MACPP regional cooperative vehicle contract and the City of KCMO for special equipment with Shawnee Mission Ford for the purchase of two F-550 cab and chassis 4x2 trucks with special equipment for the Public Works department in the amount of $127,553; and
► Acquisition of easements for Project No. 2015-05 for County Route 458 for the following property owners: Robert L. and Shirley J. Brandt (Lawrence, KS; Tract 2); CENU, Inc. (Lawrence, KS; Tract 14); Alan L. Martin (Lawrence, KS; Tract 15); Andrew J. and Mary F. Flory (Lawrence, KS: Tract 16); Philip W. and Stephanie L. Struble (Lawrence, KS; Tract 17); Lloyd B. and Cheryl R. Hammerschmidt (Lawrence, KS; Tract 18); Sidney and Carolyn Black (Houston, TX; Tract 27); John E. and Valeria R. Howland (Lawrence, KS; Tracts 29, 31, 34, 36, 38 & 42); Jon F. and Kathy Barr (Lawrence, KS; Tract 32); Justin L. and Carlyle A Salb (Lawrence, KS; Tract 35); Wen Chen Peng, single person and Lih Woei Peng, single person (Lawrence, KS; Tract 41); and Anthony A and Connie Merz (Lawrence, KS; Tract 49).

Motion was seconded by Thellman and carried 3-0.

Eileen Horn, Sustainability Coordinator; Keith Browning, Director of Public Works; Steve Clark and Jane Huesemann, Clark Huesemann, presented Douglas County with a plaque for being the first LEED certified local government building in Douglas County.

Michael Davidson, Executive Director if Explore Lawrence, made a presentation to the Board on the latest Tourism impact study for Douglas County.
In summary, 3,600 jobs in Douglas County are related to tourism. In 2015, visitor spending grew 7.6% reaching $244.5 million. This growth represented a $17 million increase over 2014 or a $1.4 million per month in visitor sales. Lodge spending raised $4 million to a total of $42.5 million which represents 17.4 cents of every dollar spent in Douglas County. The two largest categories of spending were transportation and food & beverages; $67.1 million was spent at restaurants, bars and grocery stores. Visitor spending growth in Douglas County has been outperforming the state as a whole.

No action taken.

Robert Bieniecki, CJCC Coordinator, made a presentation to the Board as a follow up to the March 7, 2017 CJCC meeting.

Mike Brouwer, Reentry Director, updated the Board on Pre-arrest Diversion, which is part of the Justice/Mental Health Collaboration Grant. It is run by case managers at Bert Nash. The first step is to check on warrants and contact those individuals that need to go to court and offer a ride if they need it to keep them from being arrested. So far the case managers have handled 8-10 of these cases. In each instance, the individual forgot they had a court date. 

Emily Kennedy, Data Analyst, described how the screening process for the pre-trail release program worked and the criteria to be considered. 

Bieniecki stated the subcommittee is looking at automated software that would significantly help the monitoring officer with calls and texting. There are currently 20 in the program and hope to see that number double.

Thellman asked how many case managers on working on the pretrial program. Bieniecki said we have a pretrial supervisor and a pretrial monitoring officer who both fall under the umbrella of court services.

Bieniecki said he is planning an update on the Behavior Health Court for the April 19, 2017 agenda.

No action taken.

Keith Browning, Director of Public Works, explained he had received complaints from local Lecompton residents that a subcontractor, Freestate Electric Cooperative, a tree removal company working for the Burlington Northern Santa Fe (BNSF) railroad, damaged trees along the Lecompton Scenic River Road exposing a culvert with steep slopes and they left large amounts of debris.

Browning said the removal of the trees exposed a deep slope culvert. The vegetation was removed to put in a new railroad signal. The road is a township maintained road with a speed limit of 55 mph, or as reasonable and prudent. It was determined that Kaw valley Electric recently changed its name to FreeState, applied for a utility permit through Public Works. The application was forwarded to the Township Trustee for approval. The permit was never approved.

Ed Daniels, Trustee of Lecompton Township, stated he received the permit request the day after the work had started. He would like to have time for the Board to review permits before work begins. Communication is an issue.

Paul Bahnmaier, Lecompton resident, was concerned about losing the historic river road view, and the erosion that would occur as a result of the tree removal. Bahnmaier said people are devastated by the change in the view along the River Road.

One area resident mentioned the road being unsafe now at night because you can’t see the edge after dark.

Thellman said she drove out to look at the site and it was worse than she thought. She feels it is reasonable to ask the Public Works Director to give advice on a solution. Thellman questioned why it was necessary to rip trees out, damage others, and then just leave them there. It should look better after the site is cleaned up. She asked Browning if there is a temporary option to make things safer.

Browning responded staff is in the process of adding additional cones out there now. He understands the comment about not seeing the edge of the road at night. The problem can’t be fixed overnight but once grass comes up it will provide a visual clue for the edge of the road.

Thellman asked if there are plans to put up a caution sign. Browning said “yes” staff is looking at appropriate signage for the shoulder drop off. The added cones should keep people from the edge.

Carolyn Bond, Lecompton resident, stated she is curious to know if the poles are really for a railroad crossing, but there has only been one crossing for years and it has a gate.

Derusseau added staff will be reaching out to the railroad to stress our disappointment in their lack of attention to the permit process and the outcome.

Gaughan moved to approve accounts payable in the amount of $1,835,862.10 to be paid on 03/09/17. Motion was seconded by Derusseau and carried 3-0.

Derusseau moved to reappoint Frank Rhodes to a second term on the Construction Board of Appeals Board. Motion was seconded by Gaughan and carried 3-0.

At 5:15 p.m. the Board recessed until 6:00 p.m.

At 6:00 p.m. the Board returned to regular session.

PLANNING 03-08-17
After opening the item for public comment and receiving no comments, Gaughan moved to approve an extension request for CUP-15-00613, a Conditional Use Permit for Calico Village, an Athletic Field complex for youth soccer on approximately 80 acres, located at the intersection of E 1750 Road and N 1300 Road. The application was submitted by Jambars Futbol Club Inc, on behalf of John Pendleton for Lorita H Pendleton, Trustee, property owner of record. The original CUP was approved by the Board of County Commissioners on February 10, 2016. Motion was seconded by Thellman and carried 3-0.

At 6:04 p.m., Gaughan moved for the Board to recess to executive session for 30 minutes (until 5:34 p.m.) for the purpose of consultation with legal counsel for the County regarding pending litigation, which would be deemed privileged under the attorney client relationship. The justification is to maintain attorney client privilege on a matter involving Douglas County. Attendees included Craig Weinaug, County Administrator; and Sarah Plinsky, Assistant County Administrator; Leslie Miller, Stevens & Brand; Michael Seck, Fisher, Patterson, Saylor and Smith;  and Ken McGovern, Douglas County Sheriff. Motion was seconded by Thellman and carried 3-0.

The Board returned to regular session at 5:34 p.m. No action was taken.

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