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Commission Board Meeting on Wed, October 17, 2018 - 4:00 PM and 6:00 PM

Meeting Agenda: 

BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, KANSAS

WEDNESDAY, OCTOBER 17, 2018  
4:00 p.m.
-Proclamation for “Domestic Violence Awareness Month” (Will Averill)

CONSENT AGENDA
(1)    (a)    Consider approval of Commission Orders;
        (b)    Consider approval of two (2) Real property relief applications (Steve Miles)
        (c)    Consider approval of KDOT Agreement for Local Road Safety Plan (Keith Browning)
        (d)    Consider approval of authorization to re-solicit bids for a simple span culvert – Project 
                No. 2018-54; Structure No. 08.01N-11.50E (Keith Browning)
        (e)   Consider approval to adopt a Resolution to the joint Lawrence-Douglas County 
               Subdivision Regulations, repealing all references to the present City of Lawrence Public 
               Works and Utilities departments and those department directors and replace those 
               references with the terms “Municipal Services and Operations Department” and 
               “Municipal Services and Operations Department Director.” (Jeff Crick, Planning Manager)
        (f)    Consider approval of proposal from Gould Evans architecture firm to complete a 
               Downtown Campus Master Plan (Jill Jolicoeur)

  REGULAR AGENDA
  (2)    Consider approval for amended FY2018 Community Partner Agreement for DCCCA to provide twelve months of direct access psychiatry to Douglas County residents who are clients in DCCCA’s residential and outpatient treatment programs at a cost not to exceed    $55,000. (Bob Tryanski)

(3)    CJCC update presentation (Robert Bieniecki—No Backup)

(4)    Follow up on Jail Population presentation from September 5, 2018 (Undersheriff Gary Bunting--No Backup)

    (5)    (a)    Consider approval of Accounts Payable (if necessary)   
    (b)    Appointments   
    -Board of Zoning Appeals (1) positions 10/17
    -Building Code of Appeals Board (2) positions 12/16
    -Community Corrections Advisory Board (1) position open (edu); (1) 08/31/18
    -Fire District No. 2 (2) positions    
    -JAAA Advisory Council (2) position
    -JAAA Board of Directors (1) position    
    -Joint Economic Development Council (2) positions
    -Lawrence-Douglas County Advocacy Council on Aging (2) open positions
    -MPO Bicycle Advisory Committee (1) position
    -Mental Health Board (1) position 04/18
    -Property Crimes Compensation Board (1) position
    -Senior Resource Center (1) positon 12/31/18    
    (c)  Public Comment 
    (d)    Miscellaneous

RECESS

RECONVENE

6:00 p.m.
(6)    Extension request for a Conditional Use Permit, CUP-17-00215, for a new 190 ft self-supporting wireless telecommunications facility (tower), located at 2138 N 1000 Rd. Submitted by MW Towers LLC for F. Dwane Richardson & Valerie Richardson, property owners of record. (Approved by the Board of County Commissioners on 8/16/17) Sandra Day is the Planner. 

(7)    Adjourn

Meeting Location: 
County Courthouse
Street Address: 
1100 Massachusetts Street
Meeting Minutes: 

October 17, 2018

Thellman called the regular meeting to order at 4:00 p.m. on Wednesday, October 17, 2018 with all members present.

PROCLAMATION 10-17-18
Thellman moved to approve a proclamation declaring October 2018 as “Domestic Violence Awareness Month” in Douglas County. Motion was seconded by Derusseau and carried 3-0.

CONSENT AGENDA 10-17-18
Thellman moved approval of the following Consent Agenda:
►  Appraiser’s applications for Determination of New Market Value for Destroyed Property for the following locations: PIN: 023-074-19-0-40-02-008.00-0 for 1004 N 3rd Street, Lawrence, Kansas; and PIN: 023-029-31-0-00-00-006.00-0 for 2178 E 225 Road, Lecompton, Kansas;
►  KDOT Agreement No. 199-18 for development of a Local Road Safety Plan for Douglas County;
►  Authorization to re-solicit bids for the supply and construction of a simple span structure with concrete deck for installation at 080.1 N-11.50E, Project No. 2018.54;
►  Adopt Resolution No. 18-27 to the joint Lawrence-Douglas County Subdivision Regulations, repealing all reference to the present City of Lawrence Public Works and Utilities departments and those department directors and replace those references with the terms “Municipal Services and Operations Department” and “Municipal Services and Operations Department Director;” and
►  Proposal from Gould Evans architecture firm to complete a Downtown Campus Master Plan regarding space needs.

Motion was seconded by Gaughan and carried 3-0.
 
AGREEMENT/PSYCHIATRY 10-17-18
Thellman moved to approve a contract with DCCCA to provide twelve months of direct access psychiatry to Douglas County residents who are clients in DCCCA’s residential and outpatient treatment programs at a cost not to exceed $55,000. Motion was seconded by Derusseau and carried 3-0.
 

CRIMINAL JUSTICE COORDINATING COUNCIL 10-17-18
Robert Bieniecki, CJCC Coordinator, presented an update to the Board on the Criminal Justice Coordinating Council (CJCC). Highlights included:

• Started with law enforcement contact study. Helpful for the CJCC.
• Moved to progress update/history of CJCC.
• Talked about accomplishments and technical challenges.
• Discussed strategic plan; going with a three-year plan.
• Areas of Focus: Jail overcrowding, people of color in jail system, crime prevention, communication, Juvenile Justice System, and infrastructure development.
• Stepping up initiative discussion tomorrow (10/18/18) at CJCC meeting. Return in December with recommendations.
• It’s been a year or more since pretrial release program with some suggested tweaks.
• Update on house arrest program.

No public comment was received. No action was taken.

JAIL PRESENTATION 10-17-18
Undersheriff Gary Bunting conducted a presentation regarding the status of the jail population. Highlights included:

• Contracting with other counties.
• Temporary structures with modular units.
• Inmates cause behavioral issues to not be housed out of county.
• Nemaha County has agreed to house inmates. Tried with 4 inmates. These inmates almost created a riot so they could be moved back to Douglas County. These inmates are otherwise well behaved at our facility.
• Reached an all-time high of 207 within the building. Functionally full at 186.
• Double bunks within single cell discussed in newspaper.
• Single room only way to guarantee safest stay of inmates.
• Cover of cell window with a bunk is an ACA violation and Nelson Mandela United Nations violation of requiring windows for natural light.
• Adding a bunk would provide means for suicide attempt.
• There are inmates with health issues that cannot use a bunk.
• Would solve issue of mixing classifications. 

 Discussion on modules:
• Less transports.
• Bring inmates back.
• Can be scaled easily.
• Disadvantages outweigh the advantages.

• Increased risk of escape.
• Safety concerns.
• Contraband in recreation yard.
• Severe weather concerns.
• Indirect supervision.
• Lack of programming space.
• Some have no windows.
• Affect security and future expansion.
• Exceeds solution cost of housing out of county.

Bunting asked the Commission to look at a permanent structure or expansion due to recent budget cuts. We could look at the Youth Services building as a temporary option. We need to look at our immediate needs. It is our job to provide a safe environment, not to judge. And, we want to be able to provide programs to improve inmates for future. Bunting stated reentry is a priority.

Thellman asked how many rooms are left for inmate programs when we are running 200 inmates, well over capacity. Bunting replied using program rooms is the last option, but two weeks ago all programs rooms had female population beds in them.

Thellman opened the item for public comment. No comment was received.

Thellman stated we have some hard choices ahead of us, but we don’t know what all our options are. One option is not portable units for safety and financial reasons.

Derusseau asked with the money set aside with budget, what options do we have for immediate needs. Sarah Plinsky, Assistant County Administrator, replied staff is working collaboratively with the Sheriff’s office to see what is possible with those funds. We will look at a solution that will help meet immediate needs.

Thellman replied if the temporary solution is that expensive, we need to look at a permanent solution. If anything the overcrowding will get worse. It is helpful for staff to present the Board with an option to get permanent and effective housing for all inmates back under our Douglas County roof as opposed to the pattern of farming out. It’s not good on recidivism. 

Plinsky said it will take several weeks to address the immediate needs and budget of $3 million. There will be conversations on a permanent solution for immediate needs.

Gaughan stated the Youth Services building is not a permanent solution, but needs to be part of the conversation, but he doesn’t want to rush into that space.

Plinsky replied there will be more discussions on juvenile issues. Staff will look at a permanent plan options and identify how the $3 million can be used. Plinsky stated she planned on seeking advice from a financial advisor and all information will be brought to the Commission.

Thellman said it is important for the community to know the failed election was not about whether there would be a jail expansion, but rather how to pay for a jail expansion. We are now thinking about a different jail expansion. The need and intention was always to get an expansion to best serve the community, inmates and staff. It’s our responsibility.

This was a presentation only. No action was taken.

RECESS 10-17-18
At 5:10 p.m., the Board recess until the 6:00 p.m. meeting.

RECONVENE 10-17-18
 At 6:00 p.m., the Board returned to regular session.
 
PLANNING 10-17-18
The Board considered an extension request for a Conditional Use Permit, CUP-17-00215, for a new 190 ft. self-supporting wireless telecommunications facility (tower), located at 2138 N 1000 Road. The application was submitted by MW Towers LLC for F. Dwane Richardson and Valerie Richardson, property owners of record. The Board of County Commissioners approved the CUP on 8/16/17. Sandra Day, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.

According to Day, if a building permit is not obtained on the site within one year of the Commission’s approval of the CUP, the approval becomes invalid unless an extension is requested prior to that date. The applicant submitted a written request for an extension prior to the deadline. 

After the presentation, the Commission had no questions for staff and opened the item for public comment. No comment was received.

Thellman moved to approve the extension request for Conditional Use Permit, CUP-17-00215, for a new 190 ft. self-supporting wireless telecommunications facility (tower), located at 2138 N 1000 Road. Motion was seconded by Derusseau and carried 3-0.

Thellman moved to adjourn the meeting. Motion was seconded by Gaughan and carried 3-0.

 
____________________________  ____________________________
 Nancy Thellman, Chair                     Michelle Derusseau, Vice-Chair
 
ATTEST:
 ____________________________  _____________________________  
Jamie Shew, County Clerk                 Mike Gaughan, Member