Meeting Information
Amended Agenda
WEDNESDAY, OCTOBER 5, 2011
3:15 p.m.
-Convene
-Executive Session for two items: 1) for the purpose of consultation with County Counselor on matters which would be deemed privileged under the attorney-client relationship. The justification is to maintain attorney client privilege on a matter involving Douglas County, and 2) for discussions relating to the acquisition of real property.
4:00 p.m.
-Regular Session
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Consider approval of a revised agreement between the Eudora Township, the Hesper Charter Road Improvement District, and Douglas County reflecting changes to the financing structure outlined during the 2012 Budget process (Craig Weinaug);
(c) Consent: Authorization for the Public Works Director to accept the bid from Oldcastle Precast in the amount of $24,976.00 for fabrication and supply of a precast concrete box culvert for Project No. 01260000 (Keith Browning); and
(d) Consider Comprehensive Plan Amendment CPA-10-8-10 to Chapter 14 - Southeast Area Plan, to reference and reflect the accepted Preliminary Alignment Study for 31st Street and to update the plan to reflect changes since adoption. (PC Item 7; approved 8-0 on 8/24/11) (Michelle Leininger is the Planner)
REGULAR AGENDA
(2) Consider approval of purchase of eleven (11) heart monitors and eleven (11) AED's for a the Fire Medical Department in the amount of $272,142.83 from Zoll Medical Corporation (Mark Bradford)
(3) Addressing an appeal from KC Presort for mailing services contract (Sarah Plinsky)
(4) Consider agreement with Kansas Department of Social and Rehabilitative Services and the City of Lawrence to keep the Lawrence SRS office open (Craig Weinaug)
(5) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments:
Building Code Board of Appeals - vacancy
Douglas County Advocacy Council on Aging - vacancy
Douglas County Community Corrections Advisory Board - 12/2011
Douglas County Senior Services, Inc. Board of Directors - 12/2011
Jayhawk Area Agency on Aging Tri-County Advisory Council - vacancy
Fire/EMS District No. 1 - 12/2011
(c) Public Comment
(d) Miscellaneous
(6) Adjourn
Flory called the regular meeting to order at 3:15 p.m. on Wednesday, October 5, 2011 with all members present.
EXECUTIVE SESSION 10-05-11
At 3:15 p.m., Flory moved for the Board to recess to executive session for 45 minutes (until 4:00 p.m.) for the two items: 1) for the purpose of consultation with the County Counselor on a matter which would be deemed privileged under the attorney-client relationship. The justification is to maintain attorney client privilege on a matter involving Douglas County. Attendees included Evan Ice, County Counselor; Craig Weinaug, County Administrator; and Sarah Plinsky, Assistant County Administrator; and 2) for discussion relating to the acquisition of real property. Motion was seconded by Gaughan and carried 3-0.
At 4:00 p.m., Flory moved to extend the executive session for an additional 15 minutes (until 4:15 p.m.). Motion was seconded by Gaughan and carried 3-0.
At 4:15 p.m., the Board returned to regular session. No action was taken.
CONSENT AGENDA 10-05-11
Flory moved approval of the following Consent Agenda:
► Commission Order Nos. 11-027(on file in the office of the Clerk); and
► Authorized the Public Works Director to accept the bid from Oldcastle Precast in the amount of $24,976.00 for fabrication and supply of a precast concrete box culvert for Project No. 01260000;
► Joint Ordinance No. 8670 of the City of Lawrence, Kansas, and Resolution No. 11-30 of Douglas County, Kansas, amending Horizon 2020, the Comprehensive Plan for the City of Lawrence and unincorporated Douglas County, by adopting the "Southeast Area Plan, August 2011 Edition" and by incorporating the same into Horizon 2020 by reference.
Motion was seconded by Thellman and carried 3-0.
Pulled from the Consent Agenda
AGREEMENT/HESPER 10-05-11
The Board considered the approval of a revised agreement between the Eudora Township, the Hesper Charter Road Improvement District, and Douglas County reflecting changes to the financing structure outlined during the 2012 Budget process.
Cody Bryant, Hesper Board, asked the Board if there are any differences in the payment into the district. Keith Browning, Director of Public Works, stated the new agreement d sn't change what the property owner's pay into the district. The county will pay the portion to the Township what they are losing because of the city class change. Flory added the maintenance responsibilities will remain the same.
Flory moved to approve the agreement between the Eudora Township, the Hesper Charter Road Improvement District, and Douglas County. The motion was seconded by Thellman and carried 3-0.
AMBULANCE/FIRE MEDICAL 10-05-11
The Board considered the approval of a request to purchase of eleven (11) heart monitors and eleven (11) AED's for a the Fire Medical Department in the amount of $272,142.83 from Zoll Medical Corporation to replace aging cardiac monitors. Mark Bradford, Lawrence-Douglas County Fire Chief, presented the item. The Fire Medical Department is requesting funding from the 501 Ambulance Fund. The purchase would require a 50% payment of $136,071.42 from the 2011 budget within 30 days, and the remaining balance of $136,071.42 within one year with no interest, coming from the 2012 budget. The new devices would reduce maintenance costs by $14,064.00 annually.
Dr. Kye Evans, D.O., Medical Director for the Lawrence-Douglas County Fire Medical Department, spoke in favor of the new monitors which will enhance services provided to residents in route to the emergency room.
Flory opened the item for public comment. No comment was received.
Gaughan asked what the life span was for the devises. Bradford stated their current devices are 10 years old and that the new devices should have a useful life of 7 to 12 years.
Flory noted there is a trade-in value on the current Physio-Control devises in the amount of $27,500 and a conversion discount of $27,500 Douglas County would receive off the total price.
Flory moved to approve the purchase of eleven (11) heart monitors and eleven (11) AED's for a purchase price of $272,142.83 to Zoll Medical Corporation. Motion was seconded by Thellman and carried 3-0.
APPEAL/MAILING SERVICES CONTRACT 10-05-11
The Board addressed an appeal from KC Presort regarding the mailing services contract awarded on August 3, 2011. Sarah Plinsky, Assistant County Administrator, provided the Board a history of the bidding process for the mail services contract.
Flory asked if the initial contract included the County, City of Lawrence, Lawrence Memorial Hospital, Visiting Nurses Association, Bert Nash, Lawrence- Douglas County Health Department, and the University of Kansas, is the appeal only for the Douglas County contract1/2 Plinsky stated that is correct.
Duane Russell, Owner KC Presort, addressed the Board and explained their process of putting on postage. They are paid by the U.S. Postal Service as their job reduces the post office's labor. Russell felt he gave a good price of $.39 cents to County. He stated he could not give a price to KU because they wouldn't say how much of their mail was local. He increased the price to $.404 to cover what they didn't know about KU. The actual award was $.408. He asked if this is what the County intended to do1/2
Flory stated it was his understanding that a single price was the agreed upon way to approach the contract. Plinsky stated that is correct. She feels what we have is a fundamental disagreement on how we wanted to do business. We wanted a single price so we could all take advantage of the volume of mail that g s through all of the entities which was how the Request for Proposal (RFP) was designed.
Flory asked if the final price by KC Presort occurred after the bids were complete and the awards had been made1/2 Plinsky responded "no." In the negotiation phase KC Presort changed their rate which was documented. During the hearing process, KC Presort attempted to change their quote again after the decision and award had been made. This is not good standard purchasing practice.
Flory opened the item for public comment. No comment was received.
Flory moved to uphold the decision made on August 3, 2011 by the Assistant County Administrator to award the Presort Mailing contract to Stampede. Motion was seconded by Thellman and carried 3-0.
AGREEMENT/SRS 10-05-11
The Board considered an agreement with Kansas Department of Social and Rehabilitative Services and the City of Lawrence to keep the Lawrence SRS office open.
Gaughan moved to table the agreement for a week due to an article in the local paper that raised questions on the direction SRS was taking on their 2012 and 2013 budget request affecting the Lawrence building. Motion was seconded by Flory and carried 3-0.
ACCOUNTS PAYABLE 10-05-11
Thellman moved to approve accounts payable in the amount of $324,593.08 to be paid on 10/06/11; and a wire transfer in the amount of $400,000.00 paid on 10/04/11. Motion was seconded by Gaughan and carried 3-0.
E-COMMUNITY 10-05-11
Collin Bielser, Management/Economic Analysis of Eudora, updated the Board on two initiatives: 1) The Economic Development fund in which the Commission set aside $350,000 for economic development and allowed $30,000 of the money to be allocated for a revolving loan fund to help entrepreneurs wanting to start a small business. No administrative support agency has been found to support that loan program at this time so that his portion of the program has not yet been implemented.
The second item regarding the E-Community program, which is money allocated from the selling of tax credits, is moving along. Commissioner Thellman is the Commission representative on the board. E-Community funding provides support under a state statute with a 60/40 split to help fill the gap for funding for a project. An example would be: a business owner needs $100,000 for a project and the owner puts down $10,000 in equity. The bank will only loan $40,000. The remaining $50,000 needed to finance the project is known as the "gap." Of the remaining $50,000, $20,000 (40%) must come from some other source, such as a community foundation, USDA Grant or loan program, etc. This then leaven the final gap of $30,000 (60%) which can be provided by the E-Community fund. The E-Community project is collaboration among Baldwin City, Eudora and Lecompton.
Bielser asked that the $30,000 set aside for the revolving fund be added to the E-Community program. It would still accomplish the goal it was set out to do but it would be through a different mechanism. The ideal thought would be a match in funding from the committed cities. However, the $30,000 would qualify as another public source of funding.
It was the consensus of the Board that the program Collin Bielser submitted was consistent with the original intent of the Commission for expenditures of Douglas County economic funding.
EMERGENCY MANAGEMENT/FIRE BAN 10-05-11
Based upon a request from Mark Bradford, Lawrence-Douglas County Fire Chief, Teri Smith, Director of Emergency Management asked the Board to consider initiating a fire ban in the unincorporated areas of Douglas County.
Flory opened the item for public comment. No comment was received.
Flory moved to approve Resolution No. 11-29 creating a fire ban effective immediately for the impositions of restrictions on certain outdoor burning practices in the unincorporated area of Douglas County and will remain in effect until the Board of County Commissioners terminates it or unless is terminated by the Chair of the County Commission on or before October 12, 2011. Motion was seconded by Thellman and carried 3-0.
Flory 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
Time and Date