Meeting Information
WEDNESDAY, OCTOBER 26, 2011
4:00 p.m.
-Consider need to extend Burn Ban
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Consider for CUP-12-8-10 (with revised conditions) as deferred from the October 19, 2011,
for the Fraternal Order of Police shooting range, located at 768 E. 661 Diagonal Road.
(Mary Miller);
(c) Consider granting permission to Colt Energy to use road right-of-way for oil pipeline facilities (Michael Kelly); backup to follow in Monday, October 24; and
(d) Acknowledge fee reports for September 2011
REGULAR AGENDA
(2) Announcement of Take Charge Challenge results (presentation by Eileen Horn)-No backup
(3) Presentation of Tri-County Food System Report (Douglas County Food Policy Council members)
-No backup
(4) Executive Session to discuss road right-of-way acquisition
(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 4:00 p.m. on Wednesday, October 26, 2011 with all members present.
BURN BAN 10-26-11
Flory moved to approve Resolution 11-34 providing for the imposition of restrictions on certain outdoor burning practices in the unincorporated area of Douglas County. Motion was seconded by Thellman and carried 3-0.
CONSENT AGENDA 10-26-11
Flory moved approval of the following Consent Agenda:
► License to Construct and Maintain Oil/Water Pipeline and direct the Public Works Department to oversee the execution of the document with Colt Energy, Inc.; and
► Acknowledge fee reports for September 2011.
Motion was seconded by Gaughan and carried 3-0.
PLANNING 10-26-11
The Board continued discussion on revised conditions for CUP-12-8-10 as deferred from the October 19, 2011 meeting for the Fraternal Order of Police shooting site, located at 768 E 661 Diagonal Road.
Mike Riling, Attorney for the Fraternal Order of Police, asked the Board to consider allowing shooting hours on Sunday to begin at 10:00 a.m. as a condition of the CUP, and asked for a definition of "Receiving Point" to be added to the conditions.
Commissioner Flory defined the "receiving point" as the closest residence which would be impacted by shooting from the pistol range.
Flory opened the item for public comment.
Bill Roth, 640 N 775 Road, suggested several amendments to the CUP in regards to who is authorized to allowing training sessions, the measurement of noise level for the pistol range, "No Trespassing" signage, and extended use of range for training session and hour limits.
Beverly Wilson, 625 N 750 Road, stated concerns about allowing 25 nights of law enforcement training per year. She said she was under the impression eight nights per year would be sufficient based on discussions with the Sheriff and Lawrence Chief of Police.
Karl Birns, living 400 yards from facility, stated concerns about people coming on the property from the north side who aren't aware of a shooting site while crossing onto private property. Flory stated our zoning staff will look into the necessary postings.
With no further comment from the public, Flory moved to approve CUP-12-8-10 with the following revised conditions:
1) The provision of a revised site plan with the following changes:
a) Show and label the backdrops for each firing range. The trap shooting range and shooting house are not required to have backdrops
b) Add a note that the CUP is subject to conditions approved by the Board of County Commissioners.
2) Uses which are approved with this CUP include the following:
a) Use of firing ranges for training exercises for law enforcement personnel, hunter safety courses and other similar events.
b) Training exercises that utilize the remainder of the property as well as the firing ranges, such as orienteering.
c) The use of the firing ranges by the Fraternal Order of Police members and their guests.
3) The Fraternal Order of the Police shall contract with a noise specialist to measure the noise level at the receiving points during a typical pistol range training event.
a) Copies of the testing report shall be provided to the Lawrence-Douglas County Planning Office (6 East 6th Street, Lawrence, KS 66044) and the Douglas County Zoning and Codes Office (2108 W 27th Street, Suite 1, Lawrence, KS 66047).
b) The Fraternal Order of Police shall implement noise abatement measures within 1 year with a goal of reducing the noise level to 65 decibels at the closest receiving point during a typical pistol range training session.
c) A 'receiving point' is the closest residences that will be impacted by shooting from the range.
4) SIGNAGE:
a) 'No trespassing' signs shall be posted around the perimeter of the property at reasonable points of ingress, including Washington Creek. The plan shall identify the approximate location of these signs.
b) Signs shall be posted at all ranges with the following safety information:
- Organized group or training activities must have a designated range safety officer on site.
- Eye and ear protection must be worn when firing.
- Alcoholic beverages are prohibited on the firing ranges.
c) A sign shall be posted on the main gate which identifies the area as a firing range, or as a high noise area approved with Conditional Use Permit, CUP-12-8-10. A contact number for a representative of the Fraternal Order of Police who is available to respond during the hours of operation of the firing ranges shall be included on the sign. The police dispatch or 911 number may be included for emergencies.
5) HOURS OF OPERATION:
a) The FOP shall not allow range operations on New Year's Day, Easter, Thanksgiving, Christmas Eve, and Christmas Day.
b) Law Enforcement Training and other groups on firing ranges.
i) The FOP shall limit use of shooting on its ranges by Law Enforcement, Hunter Safety and other similar activities to Monday thru Friday: 7:00 a.m. to 7:00 p.m.; Saturday: 9:00 a.m. to 7:00 p.m.; and Sunday: 11:30 a.m. to 7:00 p.m.
ii) 25 days a year the range may be used by law enforcement groups for extended shooting to 10:00 p.m. The FOP shall provide a reasonable method neighbors can sign up for email notification of extended shooting hours. The FOP will send an email to the neighbors who have signed up for such notification at least five days before the use, of extended shooting hours is going to occur. The Chief of the Lawrence Police Department or the Sheriff of Douglas County may modify the number of days per year and the amount of time notice is to be given when in their judgment such modification is necessary for the proper training of Law Enforcement officers who have jurisdiction in Douglas County. When reasonably possible the Sheriff or Chief shall notify the Douglas County Zoning and Codes department in writing of this Decision.
c) Individual use of the ranges by FOP members
Shooting shall be limited to 8:00 a.m. to 9:30 p.m. on Monday through Saturday and from 11:30 a.m. to 9:30 p.m. on Sunday. No shooting will be allowed on New Year's Day, Easter, Thanksgiving, Christmas Eve or Christmas Day.
6) When there are training exercises involving the firing ranges, the range safety officer shall determine if any other activities may occur.
7) The 94 acres included in this CUP shall remain in the Fraternal Order of Police's ownership to serve as a buffer area. Any reduction in area shall require an amended CUP.
8) Trees may be selectively harvested, or removed to create trails provided the wooded areas included in the parcels surrounding the range areas remain intact to serve as buffers.
9) LEAD MANAGEMENT
a) Soil shall be tested for pH levels within 6 months of CUP approval and annually thereafter to insure proper pH levels and to monitor any changes. (Note: The ideal pH should be between 6.5 and 8.5. Do not add lime if the pH is above 8.5) Tests shall be conducted in the following locations:
i) Pistol Range berm area;
ii) Area between the pistol range area and the nearest downgrade surface water; and
iii) The trap shotfall area.
b) The water in Washington Creek shall be tested within 6 months of CUP approval and annually thereafter to check for lead pollution.
c) Records of all soil and water tests shall be provided to the Planning Office (6 East 6th Street, Lawrence KS 66044) for distribution to KDHE, the Douglas County Zoning and Codes Office (2108 W 27th Street, Suite 1, Lawrence KS 66047) and kept on file at the FOP office.
d) Lime or other amendments shall be added as recommended by the Douglas County Extension Office, or as recommended in the EPA Best Management Practices for Lead at Outdoor Shooting Ranges to maintain a proper pH balance.
e) The Fraternal Order of Police shall provide a lead management plan to planning staff for approval within 1 year.
10) The CUP shall be reviewed administratively by the Director of Douglas County Zoning and Codes every 5 years. The purpose of this review to insure compliance with the CUP plan and conditions of approval.
Motion was seconded by Gaughan and carried 3-0.
SUSTAINABILITY 10-26-11
Eileen Horn, Sustainability Coordinator, announced the results of the Take Charge Challenge. Manhattan, Kansas won $100,000 in the university category. Baldwin City also won $100,000 in the regional category.
SUSTAINABILITY 10-26-11
Daniel Poull, Bill Wood and Rick Martin, members of the Douglas County Food Council, made a presentation to the Board on the results of the Tri-County Food System Report. The goal of the council is to educate Douglas County on how to plan, produce, process and provide local food to our community helping to improve our local economy.
EXECUTIVE SESSION 10-26-11
At 5:35 p.m., Flory moved for the Board to recess to executive session for 20 minutes (until 5:55 p.m.) to road right-of-way acquisition. Attendees included Craig Weinaug, County Administrator; Sarah Plinsky, Assistant County Administrator; Keith Browning, Director of Public Works; and Michael Kelly, County Surveyor. Motion was seconded by Gaughan and carried 3-0.
The Board returned to regular session at 5:55 p.m. No action was taken.
ACCOUNTS PAYABLE 10-26-11
Flory moved to approve accounts payable in the amount of $245,484.76 to be paid on 10/27/11; a manual check in the amount of $400.00 paid on 10/20/11; payroll in the amounts of $790,140.58 paid on 09/21/11, $775,025.20 paid on 10/07/11, and $763,693.63 paid on 10/21/11; FICA in the amounts of $58,019.40 paid on 09/23/11, $56,863.69 paid on 10/07/11, and $55,998.13 paid on 10/21/11; and KPERS in the amounts of $81,931.99 paid on 09/23/11, $79,448.05 of $10/07/11, and $78,891.80 paid on 10/21/11. Motion was seconded by Gaughan 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