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Commission Board Meeting on Wed, March 27, 2019 - 4:00 PM and 5:30 PM

Meeting Agenda: 


ADDRESSING THE COMMISSION:  Public comment will be taken for each regular agenda item as each item is discussed.  Individuals will be limited to one comment per agenda item.
Individuals are asked to come to the microphone, sign in, and state their name.  We ask that you sign in so that we can get the spelling of your name correct in the minutes of the meeting. Speakers should address all comments/questions to the Commission.


4:00 p.m. - WORK SESSION
(1)  Private Road/Cross Access Easement Discussion (Keith Browning)

-Consider approval of the minutes for March 20, 2019.

(1) (a)  Consider approval of Commission Orders;
(b) Consider approval of Engineering Services Agreement for Replacement of Bridge 0532-0300, Project 2018-31 (Keith Browning);
(c) Consider authorization to purchase precast concrete frame culvert for Structure No. 11.38N-22.00E; Project No. 2017-57 (Keith Browning)
(2) Consider approval to create a Douglas County Peer Fellows Program in 2019.  Total cost to Douglas County not to exceed $192,000 in year one (Bob Tryanski)

(3) Consider approval of a Temporary Business Permit for a temporary asphalt plant for Bettis Asphalt (Tonya Voigt)-Deferred from the 03/20/19 meeting

(4) Appointments:  
• Douglas County Food Policy Council (2) positions open (Local food system/Ag Producer)
• JAAA Advisory Council (1) position
• JAAA Board of Directors (2) positions
• Lawrence-Douglas County Advocacy Council on Aging (10) open positions

(5) General Public Comment

General Public Comment will be at the end of each meeting with a limit of one comment per person and keep their comments brief. Individuals may not give unused time to other speakers. As a general practice, the Commission will not discuss/debate these items, nor will the Commission make decisions on items presented during this time, rather they will refer the items to staff for follow up, if necessary.

(6) Committee Reports

(7) Commissioner and/or Administrator Miscellaneous

(8) Adjourn



Meeting Location: 
County Courthouse
Street Address: 
1100 Massachusetts Street, Lawrence, Kansas 66044
Meeting Minutes: 

March 27, 2019

Derusseau called the Work Session to order at 4:00 p.m. on Wednesday, March 27, 2019 with all Commissioners present.

Staff consisting of Keith Browning, Director of Public Works; Tonya Voigt, Planning Coordinator Zoning & Codes; Chad Voigt, Deputy Director of Public Works; Kevin Sontag, County Surveyor; and Mary Miller, Lawrence-Douglas County Metropolitan Planner; discussed the history and number of private roads and cross access easements in Douglas County and what challenges would be involved in upgrading private roads to public roads standards.

Discussion included:

  •  Private roads require approval of the County Commission limiting a maximum of three residences on one road.
  •  Subdivision regulations allow private “Cross Access Easements” for Cluster Developments.
  •  Staff found existing single family residences had been issued building permits on private roads that were not approved by the County Commission. The permits were approved retroactively.
  •  There are new regulations pending that will require new Cross Access Easements with more than four lots to be platted with public road dedications.
  •  Currently the County has approximately 32 miles of private roads, and as many as 200 private roads.
  •  The possibility of having private road property owners pay for improvements to bring the roads to County standards before the township will take over maintenance.
  •  Each road will need to be reviewed individually. Upgrades may include surveys, easement dedication, and a resolution for each road.
  •  Before considering a road upgrade to a county road, the township has to be willing to take over maintenance of the road if improvements are made to bring the road to County standards.
  •  The Commission would like to see an application process with set requirements/standards for those people interested in bringing their private road to County standards.
  •  Staff will work on an application with a procedure to bring back before the Commission for consideration.
  •  Benefit districts may be an option, though the County will not consider charter benefit districts.

RECESS 03-27-19
At 4:57 p.m., the Board recessed until the 5:30 p.m. meeting.

RECONVENE 03-27-19
At 5:30 p.m., Derusseau called the Regular Meeting of the Board of County Commission to order.
MINUTES 03-27-19
The minutes for March 20, 2019 were deferred to the March 27 meeting.

Derusseau moved approval of the following Consent Agenda:
►  Commission Order Nos. 19-023 and 19-024 on file in the office the  County Clerk;
►  Authorized the County Commission Chair to sign an hourly-rate agreement with a not-to-exceed cost of $54,928.45 with Professional Engineering Consultants, PA to provide construction engineering services for Project 2018-31, Replacement of Bridge 0532-0300; and
►  Authorized Public Works staff to purchase a precast reinforced concrete frame culvert from Forterra at a cost of $111,520.00 for Project No. 2017-57, the replacement of Structure No. 11.38N-22.00E.

Motion was seconded by Thellman and carried 3-0.
Bob Tryanski, Director of Behavioral Health Projects, asked the Board to consider a proposal to establish a Peer Fellows Program in Douglas County beginning in May 2019.

As discussed in the March 6 study session, Douglas County will support stipends for up to 12 peer specialists who will provide peer fellow services at various sites in Douglas County, beginning at the Emergency Department at LMH Health. Peer Fellows will be employed and supervised by Bert Nash and managed on-site by community partners, working 16 hours per week and participate in four additional hours of education, coaching and professional development activities. The total not-to-exceed cost for the first year is $192,000.

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

Thellman moved approval to create a Douglas County Peer Fellow Program for 2019. Total cost to Douglas County is not-to-exceed $192,000 in year one. Motion was seconded by Kelly and carried 3-0.

The item to consider approval of a Temporary Business Permit for a temporary asphalt plant for Bettis Asphalt, deferred from the 03/20/19 meeting was pulled from agenda. The application was withdrawn by the applicant. 

Dennis Eisele, property owner of 1454 E 2300 Road, stated he is the owner of the farm under contract with Bettis Asphalt for the Temporary Business Permit.  He said he did not realize there was issue with neighbor, Mr. Pringle. He said the testimony given by Mr. Pringle at the March 20 County Commission meeting did not mention the Pringle himself had a temporary asphalt plant his property in 1991. Eisele said he planned to initiate a lawsuit against Bettis for Breach of Contract. 


1) Sarah Plinsky, Interim County Administrator, stated she plans to attend the Breakfast with the Judges on April 2 at the DoubleTree. The event is listed as an “attendance event” for the County Commissioners on the Douglas County website. Also, there may be two or more Commissioners attending the retirement reception for Yvonne Rapp for 29 Years of Service with Douglas County, Friday, March 29 in the County Commission Chamber.  

Derusseau adjourned the meeting.

____________________________  ____________________________
 Michelle Derusseau, Chair               Patrick Kelly, Vice-Chair
 ____________________________  _____________________________  
Jamie Shew, County Clerk                  Nancy Thellman, Member