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Commission Board Meeting on Wed, June 12, 2019 - 5:30 PM

Meeting Information: 


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.


(1) (a)  Consider approval of Commission Orders;
 (b) Consider approval of acquisition of permanent easement for structure replacement Project No. 2017-55. (Kevin Sontag) 
 (c) Authorize the Interim County Administrator to sign a Professional Services Agreement  for Mental and Behavioral Health Care Services with Heartland Community Health Center (Jill Jolicoeur)
 (d) Consider approval of the minutes for May 22, 2019; and
 (e) Accounts payable.
(2) Consider a request for a private road from Louie and Betty McElhaney (Tonya Voigt)

(3) Presentation on LDCFM capital improvement plan for 2020-2024 (Chief Coffey)

(4) Consider a request from the Lawrence Community Shelter to approve an additional $148,000 for FY 2019 (Jill Jolicoeur)

(5) Consider awarding a contract for Construction Manager at Risk Services for the expansion of construction of the Douglas County Behavioral Health Campus Housing (Jill Jolicoeur)

(6) Consider awarding a contract for Construction Manager at Risk Services for the expansion of the Douglas County Correctional Facility (Sarah Plinsky)

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

(8) 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.

(9) Committee Reports

(10) Commissioner and/or Administrator Miscellaneous

(11) Adjourn

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

June 12, 2019

Derusseau called the Regular Session to order at 5:30 p.m. on Wednesday, June 12, 2019 with all Commissioners present.

Derusseau moved approval of the following Consent Agenda:
►  Acquisition of easement for structure replacement for Project No. 2017-55 (str. No. 10.00N-12.41E) with landowners: Cheri L. and Brian E. Ezell, 1230 N 1000 Road, Lawrence for Tract No. 1;
►  Memorandum of Understanding between Douglas County and Heartland Community Health Center to distribute funds to Heartland CHC as the sub-recipient of a grant from the Sunflower Foundation in an amount not-to-exceed $100,000;
►  Minutes from the May 22, 2019 meeting; and          
►  Accounts payable in the amount of $434,654.46 to be paid on 06/13/19.

Motion was seconded by Kelly and carried 3-0.

ZONING & CODES 06-12-19
The Board considered a letter of request regarding a private road located at E 550 Road and N 1663 Road from Louie and Betty McElhaney. Tonya Voigt, Zoning and Codes, presented the item.

Staff, which included the director of Public Works, had several meetings with the McElhaneys regarding the status of the parcel in the referenced letter. In 1978, the County Commission allowed private roads to have no more than three residences. This specific road, N 1663, was approved by the Board of County Commissioners in 1996 for one residence only.

It appears the McElhaneys would be eligible for one additional residential parcel only. The parcel is located outside the Urban Growth Area and does not qualify for a cluster development or a cross access easement which is essential for a private road not maintained by the County accessing several lots. Voigt stated E 550 is a major collector road requiring road frontage of 660 feet for an entrance. The parcel in question has 590 feet. Because the lot owned by the McElhaneys was created legally under previous regulations, it is vested or “grandfathered” for one residence. For the McElhaneys to have more than one residence, current regulations require 1320 feet of road frontage. Voigt stated there are two options: 1) The BOCC can determine if a mistake was made not approving three residences, though the McElhaney’s would still not meet current subdivision regulations to split the land; or 2) the McElhaneys can petition for N 1663 Road to become a private road.

Louie McElhaney, land owner, stated when he sold part of property to the neighbor, Ed Steel, he wrote in the contract Steele could only build one house. He feels staff misunderstood his intention. He asked what he is eligible to do with the private road. He would like to split the property for two residences.

Voigt stated under the current regulations, McElhaney can add one house to the land.

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

No action was taken. It was the consensus of the Board that the McElhaneys can continue to work with staff on his options within the current regulations.

Interim Chief Shaun Coffey, conducted a presentation to the Board on the Lawrence-Douglas County Fire and Medical Capital Improvement Plan (CIP) for 2020-2024.

To be a part of the CIP plan, all projects must have a useful life of two or more years and cost $100,000 or more. The City of Lawrence is requesting County participation in seven projects over the next five years. Those projects include: the Training Burn Tower Replacement (County cost $307,680); Fire and Medical Pavement Replacement (County cost $769,200); Community Health Parking Service Reconditioning (County cost $200,000); Community Health Elevator Rehabilitation (County cost $112,500); 19th Harper Stree to O’Connell Improvements (County cost $750,000); Portable Radios for Fire and Medical (County cost $230,760); and Mobile Radios for Fire and Medical (County cost $153,840).

David Cronin, City Engineer, discussed the need to replace the pavements at all fire station locations.

Thellman stated Fire Station 5 was the newest building. She asked if there is a need to change the concrete at that location. Cronin stated he wasn’t involved in that project but inferior concrete product was used for that project. It is not holding up with the weight of the equipment. More durable aggregate was approved by the City for future projects.

Derusseau asked if there is a way to prioritize the stations and the improvements on a rotation. Cronin responded all of the stations are in bad shape and there is a cost savings to bid them all at once. Station 5 is already under construction.

Sarah Plinsky, Interim County Administrator, stated it was her understanding this is part of a larger concrete package the City is including with other parking lots, which was funded in the City’s 2019 CIP. For the County, this is a lot of concrete all at once. It would be better for the County if the projects were spaced out. She is concerned about having to replace concrete again all at once in the future. Plinsky asked for the useful life of the new aggregate product moving forward. Cronin replied the life of the new concrete will be 40 plus years. The concrete projects for the stations are all funded from the 2019 City’s CIP. The City is working on design plans now and intends to bid the projects this fall.

Derusseau asked if this is the first time the stations pavement has been replaced. Cronin responded that is correct there have been minor repairs made. The bad state of the pavement is causing wear and tear on the emergency vehicles. He feels there would be a cost in delaying the improvements.

Derusseau opened the item for public comment.

Graham Kreicker, 1421 W 2nd Street, stated he is an aggregate sales engineer and said using sediment from the river makes terrible aggregate.   Pavement all over the Midwest is failing. He stated now all modern construction projects use crusted limestone or granite for a better product.

Thellman asked for clarification that it was the City of Lawrence’s decision to replace all the pavement at all the stations at the same time, and that phasing was not to be considered. Coffey replied we have waited a long time to do this replacement and it will continue to get worse as large equipment passes over the pavement.

Jason Stowers, City Building and Structures Manager, stated the Community Health Building needs the parking lot resurfaced, curb and gutter, and sidewalk repairs. Also the elevators need rehabilitation.

The County Commission skipped discussion on the 19th and Harper to O’Connell as it will not be included in the County 2020 budget discussions.

Justin Temple, Fire and Medical, stated the portable radios are reaching their 10-year life span. Radios are used to talk to first responders and law enforcement. The goal is to try and keep the radios up to date and ahead of technology as it changes.

Plinsky asked for clarification on why we would replace portable radios and mobile radios all at once. Temple responded in 2013 we invested in dual band technology. At that time the FCC was going through a narrow banding of the VHF signal and the project of upgrading to an 800 MHz technology. We had to be able to support both at the same time. In the future, we may not have to invest in both technologies. Currently the CIP is split between the portable and mobile radios. The first phase would be in 2021 replacing the portable radios at a cost of $900,000, then 2022 we would replace the mobile radios. It makes sense to replace the portable radios first as they are carried on the hip and gear and are exposed to harsher treatment. 

Kelly stated the Burn Tower replacement and Medical Building pavement are listed as critical needs. He asked if these can be prioritized. Coffey said these projects are separate. The driveways are used daily and abused daily by heavy trucks. The Tower was originally submitted in 2017, but it couldn’t be replaced due to weather. He would like that to move forward.

Tom Fagan, Fire Division Chief, stated there is a critical need to replace the pavement at the fire stations. There is wear and tear on our assets but he is also concerned about staff and the public as they walk across the pavement. Specifically Station 5 has meeting rooms with foot traffic, but he said they get a lot of public visits at all of the stations.
Plinsky stated the Tower replacement was on the City CIP for 2017. She asked when the pavement replacement was discussed and placed on the City CIP. Coffey stated he is unsure, but believes in July 2018 there was a memo sent to County Administrator Craig Weinaug. He will need to do some research to provide the information regarding first City CIP discussions.

Thellman asked if there will be discussion on the Training Center remodel. Plinsky stated it will be unfunded by the City of Lawrence, 

No action was taken.

The Board considered a request from the Lawrence Community Shelter (LCS) to approve an additional funding request of $148,000 for the FY 2019. Jill Jolicoeur, Assistant to the County Administrator, presented the item. 
At 5:35 p.m. the Board recessed for 10 minutes for staff to print out a budget sheet (added to the agenda packet for 06-12-19).

At 5:45 p.m., the Board returned to session.

Derusseau stated she feels frustrated. The County has continually received emergency funding requests since 2014. She thought the study with SSC would provide a plan for the LCS to work within their budget. The County is looking at an additional half million in funding over the next two year and we still are not fixing anything within the facility. She hoped that money could be spent on staffing and programs. 

Jolicoeur stated the Board can set strict perimeters on the funding to better articulate our visions as a County and what we expect of a homeless services provider.

Plinsky stated the intent of the SSC was not to work within the budget, but to study the model the Board is operating on and determine what a different, appropriate model would look like, and research what other homeless shelters are doing. Part of the issue is LCS currently does not have a good model to work from. We wanted to see what an emergency shelter only model would look like.

Jolicoeur said we can continue to work on the County’s vision as a local partner and with the City of Lawrence as local government partners.  She gave an example of Manhattan’s emergency shelter as having 46 beds and they provide a very well run shelter for families and singles. They do not plan to expand their size because they do what they do well with the services and resources they have. We can also use SSC to figure out how the shelter can live within its existing budget.

There was discussion on the LCS utilizing grants and how close the Board presently is with meeting their fundraising goals for 2019 and 2020. Thea Perry, advisory board president, agreed it was difficult to determine if they will meet their goal, but they are reaching out to a larger number of possible donors. 

Derusseau said the current model isn’t working and she is tired of feeling the Commission has their back against the wall feeling obligated to provide more funding. Faith based group donations, fundraising and grants are not guaranteed funding. There is obviously a need for a shelter and she doesn’t want to see the doors closed. However, Derusseau stated the Manhattan model is fantastic and she hopes we could downsize to something similar and work within the budget and do it really well.

Jolicoeur responded that Derusseau’s statement is good feedback. There is still money left on the SSC contract that we can utilize to find a way to work within the existing budget.

Thellman thanked the advisory board for doing what the County and City asked them to do, which was work with the consultant on being a fully functional different type of center. She said she understands it is difficult to shift models but if you want to be a safe crisis center, staffing for that is different. There is a cost in that. We have an opportunity to do things differently. We have social service agencies in the community working closely and are ready to receive LCS guests to help them into housing, mental health services and drug treatment. Before, LCS was trying to do all of that internally which was asking the impossible. The results are we had a shelter that sheltered people giving them compassionate care. Thellman said our community is going to have to decide what kind of shelter we want. The City and County need to be more than funding partners in this, we need to be partners. Part of that means having someone from our organization on the advisory board and the City needs to do the same. Thellman thanked Jolicoeur for being the County representative and also said we may need to look at a different building in the future. Thellman said this is a work in progress and we are part of that work. She supported the supplemental funding request of $148,000 from funding reserve.

Kelly compared the challenges of the LCS to the challenges the school district has with students that need more support. He said we don’t give up on them, but you tell them they have to decide for themselves to make the change. He cautioned the LCS advisory Board not to rely on the executive director. It is the board’s duty to make sure that organization runs smoothly. He also said the County needs to be part of this. Kelly added he is glad we have the funds and he supports the supplement request. However, he also stated he hopes we are not back here in a year with another request.

Derusseau told the LCS board she appreciated all their work and hopes we are moving forward with positive changes.

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

Derusseau moved to approve the request from the Lawrence Community Shelter for supplemental FY 2019 funding of $148,000 from the General Fund Reserves. Motion was seconded by Thellman and carried 3-0.

The Board considered awarding a contract for Construction Manager at Risk
Services for the expansion of construction of the Douglas County Behavioral Health Campus Housing. Jill Jolicoeur, Assistant to the County Administrator, presented the item.

Jolicoeur stated four proposals were received for Phase I, the solicitation and prequalification process: BA Green Construction, Haren Companies, Mar Lan Construction and Straub. All four firms were advanced to Phases II and III. The evaluation committee ranked the four proposals based upon objective criteria related to price, project approach, personnel, experience, financial capabilities, life-cycle costs and other factors. The committee recommended Mar Lan Construction, the top ranked firm. They have significant experience with this building type and the delivery method.

It was pointed out during the Commission meeting that there is a correction to the memo regarding the Overhead & Profit column for BA Green Construction. (The memo was updated on the County website.)

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

Derusseau moved to approve awarding a contract to Mar Lan Construction for Construction Manager at Risk services for construction phases for the implementation of the Behavioral Health Campus Tier 2 and Tier 3 Housing Projects and authorized the Interim County Administrator to negotiate the contract. Motion was seconded by Thellman and carried 3-0.

 The Board considered awarding a contract for Construction Manager at Risk
Services for the expansion of the Douglas County Correctional Facility. Sarah Plinsky, Interim County Administrator, presented the item.

The County received five responses for Phase I the solicitation and pre qualifications process. Plinsky stated three firms were interviewed: Turner Construction, Universal Construction and Loyd Builders. The evaluation committee ranked the three proposals based upon objective criteria related to price, project approach, personnel, experience, financial capabilities, life-cycle costs and other factors. The committee recommended Turner Construction, the top ranked firm. They have significant experience with this building type and delivery method. The design team has worked with this firm in the past and recommended this selection on this project. As a result of an overall reduction in detention equipment contractors and supply chain of materials, Turner has national buying power to secure services and supplies.

Kelly asked why the difference in numbers between the three proposals and asked why the committee chose Turner, the highest bidder. Plinsky explained Turner is one of the nation’s leaders in designing jail expansion facilities. Universal Construction has primary experience as a general contractor and did build the current facility. Loyd Builders is a smaller firm that has built smaller facilities. Plinsky said the preconstruction numbers were somewhat based on the size of the firm and how much anticipated work is left in continuing the project. She said $42,000 seems more appropriate for the scope of construction work left to do on this project. When considering percentages for general conditions, overhead and profit for project, different companies apply those costs differently. Some companies put more cost on general conditions, some on put more on overhead and profit. For example Universal Construction presented a hard number for their general conditions. She turned that into a percentage to give a better apples to apples comparison for this project. All of those would be negotiated as part of the contract and further defined through the GMP. That is the reason cost is not the primary driver. Plinsky said it all continues to be negotiated as we move through the process. If you take general conditions out and go by percentages, Loyd Builders and Turner would be close in price.

For the preconstruction service, the County and Turner have agreed upon a flat rate of $42,000. Once complete, construction documents have been prepared and the project bid, Turner will agree to perform the work for a Guaranteed Maximum Price (GMP) which will include within it the cost of the work plus fixed percentages for General Conditions and fee. The GMP and total project budget will be submitted to the Commission for approval as soon as it is available.

Derusseau opened the item for public comment.

Joanna Harader, 3007 W 29th Terrace, stated she feels the County should prioritize by working towards alternative ways to keep people out of jail before expanding the jail. She feels we are doing both. She heard Charles Branson, District Attorney, will be presenting a proposal for expanded drug services.

Derusseau responded as discussed at the Criminal Justice Coordinating Council meeting held Tuesday, June 11, a drug court will be discussed as part of the 2020 Douglas County Budget at the end of the month.

Derusseau moved to award a contract to Turner Construction for Construction Manager at Risk services for expansion of the Douglas County Correctional Facility and authorize the Interim County Administrator to negotiate the contract. Motion was seconded by Kelly and carried 3-0.

APPOINTMENTS 06-12-19 – None.


· Kelly stated he attended the Affordable Housing Advisory Board meeting on Monday, June 10. The group is working on a text amendment for two properties on a single lot, and discussed lot sizes.
· Kelly also attended the Public Incentives Review Committee meeting and noted that the City of Lawrence does not have a representative on this committee and he feels it is important they are represented. The County is represented as is the School District. Kelly asked the Commission if they felt comfortable with him voting on an issue that would eventually come before the County Commission. It was the Consensus of the Board that Kelly voting toward an item is not an issue. He would be voting to bring an item forward for consideration only.
· Derusseau attend the CJCC meeting on Tuesday, June 11. There was a presentation on Drug Court. The CJCC will be forming a subcommittee to determine how to move forward on this item to come before the County Commission. The CJCC also discussed a proposed study on reviewing local service agencies. A subcommittee was formed to review this proposal.

Schedule Items
· Judge Paula B. Martin’s Retirement Reception, June 14, 2019
from 2:00 to 4:00 p.m. in the Douglas County Commission Room at the old Courthouse

Information Items
· Register of Deeds - Deposits for May 2019, noted receipts for all fees collected and paid to the Douglas County Treasurer, which includes the activity report and the general ledger.
· City of Lawrence Planning & Development Services Planning Projects. The Planning division of the Lawrence Planning and Development


Services (PDS) Department compiled a list of projects currently in process. These projects include: Plan 2040, Downtown Master Plan, comprehensive Parking Chapter revisions, comprehensive County Code revisions, short-term Rental Code provisions, Affordable Housing text amendment related to two houses on one RS zoned lot, Retail Market Analysis, 2020 Census work, Chapter 22, Stream Buffer Ordinance, and Exterior Lighting Text Amendment.
· May 28 Tornado Response Update. The Long Term Recovery Committee met on Tuesday, June 11. The focus is securing a contract for Construction and Demolition debris pick up. Keith Browning and Jackie Waggoner are working on an informal bid proposal that will meet FEMA’s specifications.  We hope to have that proposal available by the end of the week.  We will ask the Commission to give authority to the Interim County Administrator or the Director of Public Works to make that award.  With assistance from the state, we are also working to estimate the public costs associated with the event.  FEMA has a threshold of $418,922.28 that must be met in order to be eligible for reimbursement. National resources from the Salvation Army are in the community today, reaching out to impacted citizens.  The committee is looking to pull together another multi-disciplinary team to go out to impacted homes within the next week.
Derusseau adjourned the meeting at 8:02 p.m.

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