Meeting Information
-Convene
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders; and
(b) Consider acquisition of <1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />ROW for drainage structure 18.00 N 5.70 E (Michael Kelly); and
(c) Consider approval of Cooperation Agreement with Eudora Township to provide First Responder services (Pam Madl)
REGULAR AGENDA
(2) Discussion on the requirement that surveys be filed at the Register of Deeds to create land divisions for development (Dale Conrad)
(3) Presentation by Tom Huntzinger, Watershed Coordinator for the upper Wakarusa WRAPS program
Thellman called the regular session meeting to order at 8:10 a.m. on Monday, June 15, 2009 with all members present.
CONSENT AGENDA 06-15-09
Thellman moved approval of the following Consent Agenda:
► Contract for Highway Purposes for Drainage Structure Replacement; Bridge No. 18.00N-5.70E (Barbara J. Retke, 594 N 1800 Road, Lecompton, Kansas) Road No. 622 (N1800 Rd); Project No. 18000570; and
► Agreement for 1st Responder Services with Eudora Township.
Motion was seconded by Flory and carried unanimously.
MISCELLANEOUS/LAND DIVISION FILINGS 06-15-09
Dale (Rudy) Conrad asked the Board to consider his request to appeal the determination that the parcels created by his 2002 survey, which was not filed with the Register of Deeds office by the deadline of June 1, 2005, (as established in the regulations adopted in 2006), are not vested parcels for the purpose of being eligible for residential building permits. In 2002, Conrad contracted with a local surveyor to divide his property into six parcels and the survey was filed with the County Surveyor at the Public Works office. The intent was to sell the individual parcels for residential development purposes. At that time, some of the land was owned by David and Janine Snyder, who subsequently deeded the land to Dale Brian and Angela Conrad. The Conrads took out mortgages on the individual parcel descriptions created by the survey. No separate deeds, titles or plats of survey were filed with the Register of Deeds office. The Zoning and Subdivision Regulations and the Access Management Regulations recognize parcels for development purposes as only those divisions filed and recorded as a plat of survey, deed or affidavit of equitable interest identifying the division as a separate tract of real estate at the Register of Deeds office. Conrad felt he operated in the spirit of the law.
Thellman asked who currently has legal ownership of the property. Conrad stated the house is in foreclosure. Mid America Bank has control of the property but Conrad has a 90-day right of redemption. When asked, he stated his ex-wife is aware of the transaction but could not attend the meeting. She tried to rectify the situation about six months ago.
The Board asked Linda Finger, Planning Resource Coordinator, to explain Conrad's options. Finger stated there are three options for Conrad to consider: 1) ask the County Commission to initiate text amendments, 2) sell the parcels in the configurations as they are currently recorded in the Register of Deeds office, but some are landlocked (one house and 5-acres could be sold together, and a 25-acre piece of property), and 3) submit a Cluster Development for the 25 acre parcel in accordance with the Subdivision Regulations. By this method, he could get five 3-acre lots, but the administrative procedure could take 4-6 weeks because of the need for a build-out plan.
Flory moved to table the item to explore with Legal Counsel the question raised by Mr. Conrad, which pertained to whether mortgages can be/ or have been in the past considered affidavits of equitable interest. Motion was seconded by Gaughan and carried unanimously.
WRAPS PROGRAM/WATERSHED 06-15-09
Tom Huntzinger, Watershed Coordinator for the upper Wakarusa Watershed Restoration and Protection Strategy (WRAPS) program, made a presentation to the Board on the current water quality challenges in the watershed. Some of the issues discussed included: Sediment filling Clinton Lake, the decrease in algae blooms, bacteria in Wakarusa River and Clinton Lake, and problems during runoff events.
ZONING & CODES 06-15-09
The Board considered a resolution amending a Planning and Zoning Classification from "A" Agricultural District to "A-1" Suburban Home District for Audrey's Addition described as follows: Final Plat - Audrey's Addition, in the Southwest Quarter of Section 20, Township 13 South, Range 20 East of the 6th Principal Meridian, Douglas County, Kansas. Keith Dabney, Director of Zoning & Codes, presented the item. The final plat was filed April 18, 2006, Book 18, Page 21. The planner handling this rezoning issue is no longer employed with the Planning Office and the zoning office was not notified that the applicant had met the conditions of approval. The applicant has since passed away.
Thellman opened the item for public comment. No comment was received.
Flory moved to approve Resolution 09-18 relating to and amending a regulated Planning and Zoning Classification within the unincorporated territory of Douglas County, Kansas, rezoning Audrey's Addition located in the Southwest Quarter of Section 20, Township 13 South, Range 20 East of the 6th Principal Meridian, Douglas County, Kansas from "A" (Agricultural District) to "A-1" (Suburban Home Residential District). Motion was seconded by Thellman and carried unanimously.
FIRE & MEDICAL 06-15-09
The Board considered the approval of two AEV medic units for the Fire Medical Department. Mark Bradford, Fire Chief, presented the item.
The replacement life span of each ambulance is 8-10 years. Currently there is $280,000 in the Capital Equipment Replacement fund reserved for ambulances, which will cover about two-thirds of the total purchase price of $390,000. Craig Weinaug, stated he feels there will be enough in the budget to keep up with the replacement schedule. Gaughan stated the budget will need to cover $202,000 for 2010. Weinaug stated that is correct.
The Leavenworth County EMS bid medic units in March 2009 and awarded the bid to AEV. AEV has extended this bid to allow Lawrence Fire Medical to purchase medic units off the same contract.
Thellman opened the item for public comment. No comment was received.
Thellman moved to approve the purchase of two AEV medic units utilizing the Leavenworth County Bid for a purchase price of $390,000. Motion was seconded by Gaughan and carried unanimously.
SUSTAINABILITY POSITION 06-15-09
Emily Jackson, Management Intern, presented the Board with a description of a proposed Sustainability Coordinator position, a joint position with the City of Lawrence. The position would focus on promoting environmental and economic sustainability throughout the community, as well as, coordinating sustainable practice in their internal operations. In our area, Kansas City, Missouri, and Johnson County have both hired Sustainability Coordinators who have been successful in identifying and promoting energy and cost saving initiatives both in the internal organization and the community at large.
The position will work under the supervision of the Douglas County Administrator, but will be supervised by the Lawrence City Manager on projects that are City specific. Stimulus funds are available to fund the position for the first year beginning September 1, 2009. The County will fund the second year, and the third year will be split with the County paying 60% of the salary and the City 40%.
Gaughan asked with the goal date as September 1, is there a way to accelerate this schedule. Craig Weinaug, County Administrator, responded that the County would have to fund the position at 100% if they intended to make the position available before stimulus funds are available. Gaughan asked if we were to fund upfront, if that would delay when the County would pickup up their funding portion. Weinaug stated that would have to be worked out in the Interlocal Agreement.
Flory stated he is not interested in spending County money for the position at this time. He looks at the position as a want and not a need. He stated we have budget process coming up. We've frozen salaries for existing employees. He asked if there are stimulus funds available to the County to help fund the position. Jackson replied there are no stimulus funds available to the County. There may be some energy dollars to apply for but that money could not be used for this position.
Thellman stated she is the one initiating the idea. There is a move across the country for sustainability with energy and land and this keeps us in the running with other communities that are moving forward quickly adding departments.
Flory said the decision comes down to using County funds that are in competition with current employees. He agrees we should do something and suggested finding existing staff at the County and City that could dedicate part of their time to the position. Weinaug responded there are portions that could be done with existing staff, but some parts on long term could not.
Thellman opened the item for public comment.
Thellman moved to support the creation of a sustainability position that is jointly funded staff position with the City of Lawrence. Motion was seconded by Gaughan and carried 2-1 with Flory in opposition.
At 10:55 a.m., Thellman moved for a 10 minute recess to return at 11:05 a.m. Motion was seconded by Flory and carried.
The Board returned to regular session at 11:05 a.m.
PUBLIC WORKS 06-15-09
Keith Browning, Director of Public Works, gave a presentation to the Board on the Public Works Department, the Engineering Division Functions, and Douglas County Road system and infrastructure.
ZONING & CODES 06-15-09
Keith Dabney, Director of Zoning and Codes, gave a brief overview of the Zoning Department and its role in issuing building permits, inspecting structures, the monitory development in flood district, and upholding zoning regulations. They also issue home occupation licenses, permits for fireworks stands and investigate complaints.
EXECUTIVE SESSION 06-15-09
At 10:55 a.m., Thellman moved for the Board to recess into executive session beginning for 65 minutes returning at noon on three matters: 1) for the purpose of discussing personnel matters of nonelected personnel. The justification is to protect the privacy of the personnel involve. 2 & 3) for the purpose of consultation with the County Counselor on matters, which would be deemed privileged under the attorney-client relationship.
Attendees included for the first session included: Craig Weinaug, County Administrator; and Pam Madl, Assistant County. The second session included: Craig Weinaug, County Administrator; Pam Madl, Assistant County Administrator, and Evan Ice and Chris Berger, County Counselors. Session Three included: Craig Weinaug, County Administrator; Pam Madl, Assistant County; Keith Dabney, Director of Zoning & Codes; and Linda Finger, Planning Resource Coordinator.
At 12:00 p.m., the executive session was extended for an additional 15 minutes until 12:15 p.m. At 12:15 p.m., the session was extended again for 10 minutes until 12:25 p.m.
The Board returned to regular session at 12:25 p.m. Thellman moved to appoint Steve Miles as the acting County Appraiser. Motion was seconded by Flory and carried unanimously. No action was taken on Session Two.
Regarding Session Three: Flory stated the Board determined the documents filed by Dale Conrad with the Public Works department regarding his earlier request for appeal are not sufficient based on his 2002 survey. The Board directed Staff to prepare a letter to Conrad explaining the findings. The Board recognizes there is a need for an exception where the situation is clearly unique and directed staff to work on a text amendment to the Subdivision Regulations to address this situation and to bring that language back to the Board for consideration.
ACCOUNTS PAYABLE 06-15-09
Thellman moved to approve accounts payable in the amount of $338,966.36 to be paid on 06-15-09. Motion was seconded by Gaughan and carried unanimously.
Thellman moved to adjourn the meeting; Flory seconded and the motion carried unanimously.
____________________________ ____________________________
Nancy Thellman, Chair Jim Flory, Vice-Chair
ATTEST:
_____________________________ _____________________________
Jamie Shew, County Clerk Mike Gaughan, Member
Time and Date