Meeting Information
Administrative items will be heard at 4:00 p.m., Public items at 6:35 p.m. See agenda at 4:00 p.m. meeting.
Thellman called the regular session meeting to order at 4:07 p.m. on Wednesday, February 24, 2010 with all members present.
CONSENT AGENDA 02-24-10
Thellman moved approval of the following Consent Agenda:
► Commission Order Nos. 10-007 and 10-008 (on file in the office of the Clerk);
►Acceptance of the low bid for Noxious Weed Herbicides for treating private landowners and County owned or maintained land. The County received bids from (9) suppliers. The following low bids from J B Pear and Lone Pine were approved.
Herbicide
Quantity
Unit Cost
Total Cost
Vendor
Glyphosate
600 gal.
$10.70
$6,420.00
J.B. Pear
Remedy
40 gal.
$52.58
$2,103.20
Lone Pine
PastureGard
450 gal.
$43.54
$19,593.00
Lone Pine
2, 4-D (Amine)
900 gal.
$10.40
$9,360.00
J B Pearl
Picloram 22K
450 gal.
$46.00
$20,700.00
J B Pearl
Motion was seconded by Gaughan and carried 3-0
DISTRICT ATTORNEY 02-24-10
Charles Branson, District Attorney, asked the Board to consider a proposal to appoint a Douglas County Property Crimes Compensation Board to assist crime victims with out-of-pocket losses associated with a criminal act. Kansas Statute (K.S.A. 19-4803) has allowed for the creation of a Property Crimes Compensation Board since 1990. Douglas County would be the first county to create a board based on this statute. This Board would provide restitution of up to $250 for misdemeanor crimes and $500 for felony crimes. This would allow for victims to replace, for example, exterior doors on their homes, windshields, or tools used for work. Every attempt would then be made to collect restitution from the defendant, if possible.
Flory asked if Branson had staff available to handle the coordination of the new board. Branson replied he d s and the board would be non-paid. Flory asked how the victim compensation would be funded. Branson explained that the money would come from diversion costs. A portion of each diversion application would be set aside to establish a restitution fund. Craig Weinaug, County Administrator, stated the program would need ongoing funding of approximately $25,000, per year to support the program as presented.
The Board discussed that the majority of the crimes will be misdemeanors, many of which are handled in municipal court and is through the City of Lawrence. Flory asked if victims of these cases would be eligible to receive funds. Branson replied that the statute d s not distinguish between cases. We would not want to exclude someone from one of our cities. The Board concurred. However, it was discussed that Branson should also seek funding support from the City of Lawrence. It was also discussed that this restitution d s not replace insurance. An insurance claim would be excluded from compensation. However, the amount is usually smaller than an insurance deductible.
Gaughan stated he feels this is a good idea and wants this program, once established, to be preserved and we should budget for this the next year. We would consider it part of our ongoing responsibilities. Thellman asked if we can do this program without increasing our budget. Branson replied "probably not."
Thellman opened the item for public comment.
Ken Massey, Under Sheriff, stated he thought it was a great idea helping a person get on their feet and back to work.
Gaughan stated he supports the program and would prefer to fund the project from the general fund and we should appropriate the amount to be paid out of the 2010 budget.
Flory stated he also supports the program and would like Branson to explore other areas of funding. He suggested talking with the City of Lawrence since many of the claims will happen in the City.
Thellman moved to direct Charles Branson, District Attorney, in pursuant to Kansas Statute K.S.A. 19-4803, to create a three member Douglas County Property Crimes Compensation Board to be appointed by the Douglas County Board of County Commissioners and to fund from the general fund for 2010 the sum of $15,000, to prorate the remainder of this budget year. Motion was seconded by Gaughan and carried 3-0.
SHERIFF 02-24-10
The Board considered the authorization to submit an application for the Second Chance Grant Act from the federal government for jail transition services. Shannon Murphy, Reentry Director, presented the item. If approved, the grant funding would provide for costs to develop two reentry case manager positions to initiate pre-release assessment and linkages to the community and conduct supportive post-release case management services up to 12 months post release. The Second Change program is in its second year of federal allocation with the potential for three more years of funding. The grant asks that 50% of funding come from the federal agency, 25% funding from the County and 25% funding by the applicant match.
The Board is being asked to commit to the required 25% of funding or approximately $16,000 for the remainder of 2010. The amount of cash the County would have to contribute on an annual basis for our share is approximately $72,134 for a 12-month period.
Thellman opened the item for public comment. No comment was received.
Flory moved to make the commitment necessary to submit the Second Chance Act grant application. Motion was seconded by Gaughan and carried 3-0.
[Note: If the County has not heard from the grant before budget time, the Board asked that the Sheriff submit an alternate budget with reference to receiving the grant and without.]
PURCHASING/EMERGENCY MANAGEMENT 02-24-10
Emergency Management has received a $40,000 grant to conduct a hazardous material full scale exercise to benefit emergency personnel from Douglas County, Baldwin City, Lawrence, Eudora, Lecompton, and all townships. Jackie Waggoner, Director of Purchasing, presented the item. Each participant will take part in a one-day scenario that will effectively test our Emergency Operations Plan on an event that would impact the entire County. Proposals were solicited with the following bids:
Ascenttra $40,000
State & Local Emergency Management Consultants, LLC $48,800
Thellman opened the item for public comment. No comment as received.
Thellman moved to approve a contract with a cost not-to-exceed $40,000 with Ascenttra for the development of a hazardous material full scale exercise. Motion was seconded by Flory and carried 3-0.
FIXED FUEL UPDATE /PURCHASING 02-24-10
Jackie Waggoner, Purchasing Director, and Mike Perkins, Operations Division Manager, brought a summary to the Board of the fixed price fuel contract as a continued discussion from the December 2, 2009 meeting. Below is a table that provides details of our fixed price contract:
Period Begins
Base Price + Mark Up (12.5 cents)
Gallons Contracted
OPIS Cost - January Average
(includes mark-up & freight)
UNLEADED FUEL
January 1
2.31
-0-
2.1274
April 1
2.31
7,500
July 1
2.291
14,520
October 1
2.253
14,520
DIESEL FUEL
January 1
2.169
-0-
2.1574
April 1
2.283
9,700
July 1
2.354
9,000
October 1
2.421
10,500
The table shows a comparison of the fixed cost of diesel and unleaded with the January's average OPIS cost. The cost difference shows the unleaded reflects a $0.1826 increase and diesel reflects a $0.1966 increase with the fixed cost. Waggoner and Perkins believe the approach protects the County against fuel spikes typically impacted by global events. Waggoner stated at the end of the contract, she will again bring back information to the Board identifying the results for the purpose of discussing future participation. No action was taken.
MAINTENANCE 02-24-10
Gabe Engeland, Administrative Intern, asked the Board to consider approving the installation of LED lighting for the four light poles that are not working on the Courthouse campus plus the replacement of the additional lightening in stages. The company which manufactures the light covers for the existing lighting no longer makes the covers and ballasts. Therefore, maintenance will no longer be able to repair the light poles when the ballasts fail. The County has a total of 28 light poles with 20 of these operating with the original square light covers.
LED lighting technology is available which would allow the County to use the existing wiring in the light poles and continue to feed the lights with 480 volts. New LED lighting would be a benefit in three ways: cost efficiency; maintenance and repairs; and campus appearance. The cost of installing LED lights and removing light ballasts from the poles is estimated to be $1,700 per pole, including the contracted electrician and labor. The total cost for the entire campus would be $47,600. Replacing the light poles in sets of 4 would cost $6,800.
Pam Madl, Assistance County Administrator, stated it appears we have sufficient funds to replace the 28 poles. However, it is early in the year to commit such a large amount of funds.
Flory moved to approve the $47,600 for the entire campus, to waive the purchasing policy and replace the light poles per the discretion of staff. The expenditure is subject to staff throughout the year with funding coming from the building fund. Motion was seconded by Thellman and carried 3-0.
ACCOUNTS PAYABLE 02-24-10
Thellman moved to approve accounts payable in the amounts of $843,784.51 to be paid on 02/25/10; and a wire transfer in the amount of $26,638.25 to be paid on 02-26-10. Motion was seconded by Gaughan carried 3-0.
RECESS 02-24-10
At 5:35 p.m., Thellman moved for the Board to recess until 6:35 p.m. Motion was seconded by Gaughan and carried 3-0.
RECONVENE 02-24-10
Thellman reconvened the meeting at 6:35 p.m. will all members present.
PUBLIC WORKS 02-24-10
Rick Johnson, Wilson & Company Consulting Engineering, made a presentation to the Board on the concept phase study to extend 31st Street from O'Connell Road (E 1600 Road) to Route 1057. The project originated with the prior Board of County Commissioners. The presentation consisted of a briefing on the project and the introduction of the Steering Committee, who assisted Johnson on selecting the design specifications regarding road path, traffic calming devises and types of lanes as predicted by future traffic.
No action was taken.
PLANNING 02-24-10
The Board considered the removal of a condition for CUP-2-4-07 for First United Methodist Church at 867 Hwy 40. Sheila Stogsdill, Assistant Planning Director, presented the item. On May 16, 2007, the BOCC approved a Conditional Use Permit for the operation of a preschool at the First United Methodist Church (FUMC) located west of K-10 on Highway 40. As part of the review process, KDOT reviewed the submitted traffic impact analysis (TIS) and required that improvements including a west-bound left-turn lane be made to Highway 40. Staff was asked to assist in facilitating the opening of the preschool in August 2007 and permitted the opening upon receipt of a letter from KDOT indicating the concept plan for improvements was acceptable. An addendum to the initial TIS has been submitted to KDOT by the applicant's consultant based on actual traffic counts rather than the estimate used prior to the preschool operation. KDOT has determined that a dedicated left-turn lane at the church/preschool entrance is not required at this time based on the revised TIS. The applicant's representative has requested Condition 2 to be administratively removed from the CUP.
Phil Struble, representing FUMC as a member of the church and FUMC Trustee, explained the peak of traffic on highway 40 is at 3:15 p.m. and the preschool traffic is gone by that time. He stated turn lanes on highways are expensive and a turn lane is not needed at this time.
The Board discussed the following issues: possible need for the reduction of speed limit coming down the hill before the church due to the temporary closing of the turnpike exit; and the need for a public hearing to allow time for neighboring property owners to comment. Statutorily this is not mandatory but a courtesy to County residents. It was stated that a 1,000 ft. notification would not reach stakeholders. The Board requested that staff provide additional public notice of the item by including a more detailed description of the CUP modification request when the item is placed on the Commission's formal agenda for discussion.
Flory moved to table this item for additional public comment. Staff will provide additional public notice by including a more detailed description of the item on the published agenda when it will be considered for decision in the future. Motion was seconded by Thellman and carried 3-0.
[Note: Gaughan asked Keith Browning, Director of Public Works, to look into presenting a case to KDOT regarding the reduction of speed limit for a portion of Highway 40 to the intersection of K-10.]
Thellman moved to adjourn the meeting; Flory seconded and the motion carried 3-0.
____________________________ ____________________________
Nancy Thellman, Chair Jim Flory, Vice-Chair
ATTEST:
____________________________ _____________________________
Jamie Shew, County Clerk Mike Gaughan, Member
Time and Date