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Commission Board Meeting on Wed, July 10, 2019 - 4:00 PM and 5:30 PM

Meeting Agenda: 

 

BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, KANSAS
 
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.

WEDNESDAY, JULY 10, 2019
Amended Agenda 07/09/19

-4:00 p.m. – WORK SESSION
-Douglas County Space Needs and Downtown Masterplan

5:30 p.m. BUSINESS MEETING  
 
CONSENT AGENDA   
(1) (a)  Consider approval of Commission Orders;
(b) Consider approval of rejection of bids for Project No. 2019-12: E 1750 Road Improvements North of Route 12 (Keith Browning);
 (c) Consider approval to proceed with process to rescind Minimum Maintenance Designation on N 100 Road (Keith Browning/Kevin Sontag);
 (d) Consider acquisition of permanent easement for ditch improvements (Project No. 2019-24) (Keith Browning/Kevin Sontag); and
 (e) Consider adopting a Resolution consenting to the assignment of AGNL Plastics, L.L.C. to CF Alpha & Golf KS Propco LLC of its interest in the Lease and related documents entered into in connection with the issuance of the Douglas County, Kansas Taxable Industrial Revenue Bonds, Series 2012 (Berry Plastics Project); and authorizing the execution of an Assignment and Assumption Agreement, Ground Lessor Estoppel and certain other documents and actions in connection therewith (Sarah Plinsky)
 (f) Accounts payable.
 
REGULAR AGENDA
(2) Consideration of changes to 826 Pennsylvania Street NRA Plan (Britt Crum-Cano)

(3) Consider approval for construction of ADA-accessible trail in Ivan Boyd Prairie Preserve (Keith Browning)

(4) Continue discussion of the 2020 Budget

(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
Meeting Minutes: 

July 10, 2019

Derusseau called the Work Session to order at 4:00p.m. on Wednesday, July 10, 2019 with all Commissioners present.

WORK SESSION 07-10-19
A Work Session was held regarding Douglas County Space Needs and Downtown Masterplan with a presentation by Gould Evans. 

Attendees in addition to the Commissioners included: Sarah Plinsky, Interim County Administrator; Douglas County District Court Judge Peggy Kittel; Douglas County Sheriff’s Captain Doug Wood; Douglas County District Court Judge James McCabria; and Whitney Lang and John Wilkins, Gould Evans.
 
In 2017, Gould Evans was hired to conduct a space study to evaluate current and future space needs for Douglas County. Whitney Lang, Gould Evans, presented the Commission with several space expansion options that included reconfiguring the historic courthouse building, adding a third level to the Judicial and Law Enforcement Building (JLE), and constructing a new building on old Public Works land located on Massachusetts Street. 

Concerns brought up included safety issues at the JLE building for public and staff while moving inmates in and out for hearings and trials, policing entrances and exits at the JLE building, accessibility to the public with disabilities, parking issues, the need for more conference rooms and phasing the renovations. It was noted that this presentation was the beginning of space discussions and the County Commission needs to determine what needs are priority and if they want all County departments to remain downtown, of if there are departments that can serve the public better at another location.

RECESS 07-10-19
At 5:20 p.m. the Board recessed until the 5:30 p.m. meeting.

RECONVENE 07-10-19
At 5:30 p.m. the Board reconvened for regular session.

CONSENT AGENDA 07-10-19
Derusseau moved approval of the following Consent Agenda:
►  Acquisition of permanent easement for Project No. 2019-24 f or E 1750 Road improvements north of Route 12 with the following property owners: Robert and Delores Gabriel, 2240 N 1200 Road, Eudora, Tract Nos. 3 and 6; Lynette A. Weis Revocable Living Trust under agreement dated November 19, 2015 Lynette A Weis Trustee, 776 Eiker Drive Knoxville, TN, Tract No. 4; JJL Farm Enterprise, LLC, a Kansas limited liability company James R. McCabria, managing member, PO. Box 202, Eudora, KS, Tract No. 5; James D. and Amy M. Gabriel, 2267 N 1200 Road, Eudora, KS, Tract No. 7; and Bernice A. and Lawrence D. Strouse, 6014 Caenen Street, Shawnee, KS, Tract No. 8;
►  Adopted Resolution No.19-16 consenting to the delivery of an assignment and assumption of lease, ground and lessor estoppel and related bond documents in connection with taxable Industrial Revenue Bonds (IRB), Series 2012 (Berry Plastics Project); Assignment and Assumption of Lease and Related Bond Documents agreement with AGNL Plastics, L.L.C., a Delaware limited liability company and CF Alpha & Golf KS Propso, LLC, a Delaware limited liability company; and a Ground Lessor Estoppel agreement made by Douglas County with CF Alphs & Golf KS Propco LLC. All agreements were related to issuing IRBs for the purposes of acquiring, constructing, improving and equipping a warehouse and manufacturing facilities for the Berry Plastics project; and
►  Accounts payable in the amounts of $416,641.94 paid on 07/03/19; and $435,676.71 to be paid on 07/11/19.

Motion was seconded by Kelly and carried 3-0.

Pulled from the agenda:
PUBLIC WORKS 07-10-19
The Board considered approving the rejection of bids for Project No. 2019-12, E 1750 Road improvements north of Route 12.

Keith Browning, Director of Public Works, stated staff felt the bids were unrealistically high and exceeded the Engineer’s Estimate. Browning stated some changes have been made to the plans to address constructability issues and changed the allowable start date. The later date does run the risk of not being completed by the end of fall. This project is in partnership with the City of Baldwin and Palmyra Township.

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

Thellman moved to reject the bids received June 28, 2019 for construction of Project No. 2019-12, improvements to E 1750 Road north of Route 12 and approve staff re-advertising for bidders. Motion was seconded by Kelly and carried 3-0.

PUBLIC WORKS 07-10-19
The Board considered the approval for staff to proceed with the process to rescind Minimum Maintenance Designation on N 100 Road from 660E to 700E in Marion Township. Kevin Sontag, County Surveyor, presented the item.

The Board of Highway Commissioners of Marion Township has requested Douglas County rescind the “Minimum Maintenance” designation currently in effect for a portion of N 100 Road between 600E and 700E. Marion Township held a public hearing to accept comments regarding a required recommendation to be made to the Board of County Commissioners. The next step is the County Commission will receive the recommendation and direct Public Works staff to proceed with the standard process, perform a traffic count study, prepare maps and other documents and then bring a resolution back to the Commission for consideration.

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

Kelly moved to receive the recommendation from Marion Township to rescind the “Minimum Maintenance” designation on a portion of N 100 Road and directed Public Works to proceed with the process of rescinding the designation. Motion was seconded by Thellman and carried 3-0.

ECONOMIC DEVELOPMENT 07-10-19
The Board considered a recommendation from the Affordable Housing Advisory Board (AHAB) and the Public Incentives Committee (PIRC) on changes to the 826 Pennsylvania Street NRA Plan and to consider authorizing changes to clarify administration and compliance requirements for affordable housing. Britt Crum-Cano, Economic Development Administrator, presented the item.

The NRA revisions included clarification on tenant eligibility and certification requirements, language that addressed potential proration of rebate/reimbursement based on a minimum time requirement units is to be occupied by an eligible tenant, a redesigned Annual NRA Rebate Applications and Compliance Certification form with updated references throughout the plan, and edits for formatting and language consistency.

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

Thellman moved to approve the recommended changes from the Affordable Housing Advisory Board (AHAB) and the Public Incentives Review Committee (PIRC) on changes to the 826 Pennsylvania Street NRA Plan and authorized changes to clarify administration and compliance requirements for affordable housing. Motion was seconded by Kelly and carried 3-0. Kelly stated he was glad to see the Housing Authority was involved in this project.

PUBLIC WORKS 07-10-19
The Board considered the approval for the construction of an ADA accessible trail on the Ivan Boyd Prairie Preserve. Keith Browning, Director of Public Works, presented the item.

Roger Boyd is working with the Santa Fe Trail Society and the National Park Service on development of an ADA accessible trail on the Ivan Boyd Prairie Preserve Park Service in the southeast quadrant of US-56 highway and E 2000 Road. This property is owned by Douglas County and has very prominent ruts from the Santa Fe Trail. The bicentennial of the Santa Fe Trail is planned for 2021 and the goal is to have the new trail in place at that time.

Boyd wishes to seek approval to construct the trail on Douglas County property and inquired if the Public Works department could install a pipe culvert and fill in a drainage way that the trail will cross. Browning stated as this is Douglas County property and will be a public trail, he feels it is appropriate for Public Works to install the culvert along with engineering design services for the culvert installation.

The Commission stated concerns on parking and ongoing maintenance. Boyd responded parking was planned at the KDOT roadside park drive entrance and at the log cabin drive. It is planned that the Santa Fe Trail Historical Society will provide any needed maintenance.

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

Thellman moved approval for the construction of an ADA accessible trail on Ivan Boyd Prairie Preserve and authorized Public Works to assist in installing a culvert and related fill. Motion was seconded by Kelly and carried 3-0.

2020 BUDGET 07-10-19
The County Commission continued discussions on the 2020 Budget.

Discussion included:
· Funding an approximate $431,000 request from the District Attorney’s office and Criminal Justice Services to create a drug court;
· Funding an emergency request of $181,000 from the Lawrence Community Shelter that is in addition to their annual $115,000 standard request;
· The Board is waiting to hear from the City of Lawrence on capital improvement projects regarding the Lawrence-Douglas County Fire and Medical department; and
· The Board is considering a .429 mill levy increase that will be revisited at the July 17, 2019 County Commission meeting.

APPOINTMENTS 07-10-19– None.

GENERAL PUBLIC COMMENT 07-10-19 – None.

COMMITTEE REPORTS 07-10-19
· Kelly attended the Affordable Housing Board meetings on Monday, July 8, and the prior week. The Board recommended to the City of Lawrence $250,000 in affordable housing grants

COMMISSIONERS AND/OR ADMINISTRATIVE MISCELLANEOUS 07-10-19
Schedule Items
· A Douglas County Farm Bureau Shelter Ribbon Cutting is scheduled for July 27, 2019 at 11:00 a.m. at the Douglas County Fairgrounds.

Information Items
· Senior Resource Center Board of Directors – Minutes for April 2019 Meeting. Attached to the agenda packet are the minutes for the April 2019 SRC Board of Directors meeting.
· Register of Deeds - Deposits for May 2019. Attached to the agenda packet are the receipts for all fees collected and paid to the Douglas County Treasurer, which includes the activity report and the general ledger.
· As of July 1, 2019, Plinsky moved the Freedom of Information Officer and Kansas Open Records Requests duties to Karrey Britt, Communications Specialist. When this position was created, it was envisioned that these duties would move from the Assistant County Administrator to the Communications Specialist position. Plinsky will assist Britt with routing and responding to these requests, as needed. The Douglas County website has been updated accordingly.
Open Appointments to County Boards include:
· Community Corrections Board Advisory Board (Social Services) -    (1) position open
· Douglas County Food Policy Council (Local food system/Ag Producer) - (2) positions open
· JAAA Advisory Council - (1) position open
· JAAA Board of Directors - (1) position open
· Lawrence-Douglas County Advocacy Council on Aging - (10) open positions

Derusseau adjourned the meeting at 7:17 p.m.

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