Commission Board Meeting on Wed, December 22, 2010 - 4:00 PM


Meeting Information

*Enclosures in the packet include information requested by the County Commissioners from Planning Staff 

WEDNESDAY, DECEMBER 22, 2010
4:00 p.m.
-Consider approval of the minutes of November 10, 2010.

CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
 (b)  Consider approval of 2011 Mileage Reimbursement Rate Increase (Carrie Moore);
(c) Consider approval of Cereal Malt Beverage License for Cecil Monday's Bar & Grill located at 2229 N 1400 Rd, Eudora (Clerk's Office);
(d)  Consider approval of Cereal Malt Beverage License for Midland Farm Store located 1423 East 900 Road; (Clerk's Office);
(e)  Consider approval to waive the bidding process and authorize the Sheriff to complete the purchase of (1) 2011 Ford Crown Victoria Police Interceptor, (1) 2011 Ford Taurus and (3) 2011 Ford Explorers for the Sheriff's department. (Sheriff's Office);
(f) Consider approve of Agreement for Housing Inmates for the City of Eudora in the Douglas County Jail (Sheriff's Office);
(g) Consider approval of a resolution directing the County Counselor or institute a judicial tax foreclosure action in the District Court of Douglas County, Kansas; (Treasurer's) and
(h) Acknowledge fee reports for November and December 2010.

REGULAR AGENDA     
(2) Update from the Natural and Cultural Heritage Task Force (Ken Grotewiel)-No backup 

(3) Consider approval of Employment Incentives to Plastikon Industries (to be shared with the City of Lawrence) (Craig Weinaug)
 
(4) Variance associated with Site Plan (SP-11-58-10) for Berry Plastics facility, located NW of intersection of E 700 and N 1800 Roads. Variance from requirement in Section 20-811 of the Subdivision Regulations that on-site sewage management systems be provided for subdivisions within the rural portion of the county. (Mary Miller is the Planner)

(5) Variance associated with Site Plan (SP-11-57-10) for The Woods a Corporate Retreat; NE of intersection of E 700 and N 1800 Roads. Variance from requirement in Section 20-811 of the Subdivision Regulations that on-site sewage management systems be provided for subdivisions within the rural portion of the county. (Mary Miller is the Planner)

(6) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment

(7)  Adjourn  


 

Thellman called the regular session meeting to order at 4:08 p.m. on Wednesday, December 22, 2010 with two members present. Gaughan
arrived shortly after convening.

MINUTES 12-22-10
Flory moved to approve the minutes of November 10, 2010. Motion was seconded by Thellman and carried 2-0.
 
CONSENT AGENDA 12-22-10
Flory moved approval of the following Consent Agenda:

► Commission Order Nos. 10-032, 10-033, 10-034, 10-035, 10-036,
10-037, 10-038, 10-039, 10-040 and 10-141(on file in the office of
the Clerk);
► Resolution No. 10-31 granting a cereal malt beverage license to Cecil Monday's Bar & Grill located at 2229 N. 1400 Road, Eudora;
► Resolution No. 10-32 granting a cereal malt beverage license to Midland Farm Store located at 1401 N 1941 Diagonal Road, Lawrence;
► Agreement for Housing of Inmates in the Douglas County Jail for the City of Eudora, Kansas, effective January 1, 2011 and will end December 31, 2011, subject to earlier termination as provide by Section 2 of the contract. Compensation, as set forth in paragraph 4 of the Agreement shall be as follows: County agrees to accept and house inmates for compensation at the daily rate equal to one-half of the County's per inmate average over the prior three years, which is agreed to be $70.73 per day. The daily rate for any renewal terms of this Agreement will be determined in a similar manner, based upon the most recent three calendar years. The City of Eudora also will pay out-of-pocket medical expenses as set forth in Paragraph 9 of the contract;
► Acknowledgement of fee reports for October through December 2010.

Motion was seconded by Thellman and carried 3-0.

Pulled from agenda: 
EMPLOYEE MILEAGE REIMBURSEMENT 12-22-10
Flory moved to approve the mileage reimbursement rate to be consistent with the IRS mileage reimbursement rate of $0.51 per mile effective January 1, 2011. Motion was seconded by Thellman and carried 3-0.
  
SHERIFF/PURCHASING 12-22-10
Thellman moved to waive the bidding process and authorized the Sheriff to complete the purchase of (1) 2011 Ford Crown Victoria Police Interceptor, (1) 2011 Ford Taurus, and (3) 2011 Ford Explorers in the amount of $114,873.00 through Laird Noller Ford, replacing five other high mileage vehicles. Funding is available in the 2010 Sheriff's Office budget. Motion was seconded by Gaughan and carried 3-0.

TREASURER 12-22-10
The item regarding the resolution directing the County Counselor to institute a judicial tax foreclosure action in the District Court of Douglas County, Kansas was pulled from the Consent Agenda and deferred to the January 5, 2010 meeting.

HERITAGE 12-22-10
Ken Grotewiel, updated the board on the status of the Natural and Cultural
Heritage Task Force. The Task Force held public meetings beginning in October at various locations throughout the County to discuss ideas and suggestions from residents on how and where to apply the budget funds earmarked for heritage and open space.

After receiving public input in numerous public meetings, Grotewiel said the task force will suggest funds be allocated as follows: 55% should go to one or two large-scale, new projects; 30% for smaller, ongoing target projects; 10% for a countywide natural and historic resources survey and the remaining 5% allocated for administration of the program. Grotewiel commented that projects receiving a funding match could receive a higher priority. Grotewiel also suggested the Board create a Heritage Conservation Council to oversee grant allocations. Formation of this council is a requirement for the county to become a Certified Local Government. He said the Task Force plans to come to the County Commission on January 19, 2011 for a preliminary report of their recommendations. The public will have one month to provide feedback, and then the committee will discuss funding priorities with the Board in March.

Flory asked if the Task Force has discussed sources of funding other than property taxes for the Heritage and Open Space projects. Grotewiel stated the only other revenue source would be a sales tax which requires a public vote. A sales tax would provide more money. 

Thellman asked how we go about finding someone to do this type of survey. Lynne Braddock Zollner, Historical Resources Administrator, stated there are companies who do this type of survey. She suggested putting out an RFP to get qualified bidders after determining the size and scope of the survey.

Thellman opened the item for public comment.

Paul Bahnmaier, 393 N 1900 Road, showed a map listing all townships with historical sites throughout Douglas County. He is opposed to the County spending $35,000 on a survey when a map already exists. Craig Weinaug, County Administrator, responded that the survey may be a requirement in order for Douglas County to become a Certified Local Government. In essence, the survey would make Douglas County eligible for additional funding, stretching the $350,000 set aside for heritage and open space preservation.

Flory added the Commission looks forward to hearing from interested parties after the preliminary report comes out on January 19. No action was taken. 
 
INCENTIVES 12-22-10
Roger Zalneraitis, Economic Development Coordinator/Planner, led a discussion with the Board regarding a request from Plastikon for assistance in the purchase of the Serologicals Building in East Hills Business Park. Plastikon requested an employee training incentive of $500 per employee, paid over five years by the City of Lawrence and the County, with a maximum payment of $63,000 to Plastikon over those five years.

Gaughan moved approval of the work force incentive and authorized the City Manager to draft the performance agreement. Motion was seconded by Flory and carried 3-0.

PLANNING/VARIANCES 12-22-10
The Board considered a request for variances associated with Rockwall Farms Addition [PF-11-10-10] and the Site Plans for Berry Plastics [SP-11-58-10] and The Woods [SP-11-57-10]. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item. Both developments are proposing off-site sewage systems that would be equivalent to an onsite system. The site plan for Berry shows a drip irrigation system, while The Woods site plan calls for a lagoon system. Staff recommends approval subject to the conditions recommended by the Douglas County Health Department. The offsite property for the sewage system would be linked to the subject property through an easement or other appropriate mechanism.

Thellman asked what is the difference between a "drip irrigation system and a lagoon system1/2"

Richard Ziesenis, Health Department, explained a drip irrigation system has a pretreatment unit with a septic tank which treats the wastewater before it's screened and sent out to the drip irrigation which can be installed on hillsides or installed flat. A one-inch diameter rubber tubing runs below the top soil which is the best area to absorb the fluid. The lagoon is a non-discharging system that is engineered to evaporate the amount of water that is put into it over a year's time. It d sn't have a septic tank or a pretreatment system. The affluent is gravity fed to the lagoon with the solids going to the bottom forming a sludge layer.

Thellman opened the item for public comment. No comment was received.
 
Flory moved to approve the following variances requested [SP-11-58-10] for Berry Plastics and [SP-11-57-10] for The Woods all associated with property being platted as Rockwell Farms Addition [PF-11-10-10]; and subject to following condition: Easements, or other mechanisms acceptable to the Health Department and County Counselor, for property containing the off-site sewage management system and its connection to the platted lot(s) shall be dedicated by separate instrument or recorded with the Register of Deeds. Motion was seconded by Gaughan and carried 3-0.

ACCOUNTS PAYABLE 12-22-10
Thellman moved to approve accounts payable in the amounts of $1,557,500.93 paid on 12/16/10, and $308,633.37 to be paid on 12/23/10; payroll in the amounts of $131.75 and $753,654.17 paid on 12/17/10; KPERS in the amount of $71,041.78 paid on 12/17/10; and FICA in the amount of $54,625.75 paid on 12/17/10.  Motion was seconded by Gaughan and carried 3-0.

MISCELLANEOUS 12-22-10
Thellman updated the Board of having a successful weekend of interviewing for the Executive Director position of Watkins Museum.

MISCELLANEOUS 12-22-10
Gaughan stated he attended the Food Policy Council meeting on December 13, 2010 and they are planning a report to the Board in the near future.

Thellman moved to adjourn the meeting; Gaughan seconded and the motion carried 3-0. 

 

_________________________  ___________________________
 Jim Flory, Chair                             Mike Gaughan, Vice-Chair

ATTEST:

 ________________________ _____________________________   Jamie Shew, County Clerk              Nancy Thellman, Member

Location

County Courthouse
1100 Massachusetts St, Lawrence, KS 66044, USA