Meeting Information
The County Commission will meet at 4:00 p.m. and at 6:35 p.m. Please see complete agenda for 4:00 p.m. meeting.
Gaughan called the regular meeting to order at 4:00 p.m. on Wednesday, February 22, 2012 with all members present.
MINUTES 02-22-12
Gaughan moved to approve the minutes of December 14 and December 21, 2011; and January 4, January 11, January 18, January 25, February 1 and February 8, 2012. Motion was seconded by Thellman and carried 3-0.
CONSENT AGENDA 02-22-12
Thellman moved approval of the following Consent Agenda for items:
► Commission Order No. 011 (on file in the office of the Clerk);
► Contracts for acquisitions of easement for County Route 2 for Drainage Structure Nos. 12.50N-03.01E and 12.50N-03 .50E, Road No. 193; Project No. 12500301, with the following property owners: Judith Wulfkuhle, Managing Members of Wulfkule IV, L.C., 1298 E250 Road; Romana Z., Trustee of the Eugene M. Percy Family Trust, under Agreement dated December 5, 2005, 336 N 1250 Road; and Chris Wolf Edmonds, Trustee of the Chris Wolf Edmonds Revocable Trust, under Trust Agreement dated September 15, 1999, 368 N1250 Road;
► Acceptance of the low bids for Noxious Wee Herbicides as follows:
Herbicide Quantity Unit Cost Total Cost Vendor
Picloram 350 gal. $ 42.90 $15,015.00 Helena Chemical
2,4-D Hardball 400 gal. $ 28.00 $11,200.00 Helena Chemical
Glyphosate 600 gal. $ 8.56 $ 5,136.00 Lone Pine
PastureGard HL 400 gal. $ 83.81 $33,524.00 Lone Pine
Milestone(Gal.) 50 gal. $263.76 $13,188.00 J B Pearl
Milestone(Qt.) 24 qt. $ 71.38 $ 1,713.12 Lone Pine
Escort 128 oz. $ 3.89 $ 497.92 Van Diest
► Contracts for acquisitions of easement for County Route 6 curve improvement for Project No. 23C-0059-01 with Cheryl Olsen and Sharon D Anderson, 681 E 1300 Road, Tract No. 4.
Motion was seconded by Flory and carried 3-0.
PUBLIC WORKS 02-22-12
The Board considered a resolution requesting the Kansas Department of Transportation (KDOT) to investigate a railroad crossing on E 950 Road. Terese Gorman, County Engineer, presented the item.
Craig Weinaug, County Administrator, stated he received a call last week from an individual who lives in the neighborhood of this crossing who was the father of a person who died at this crossing. The crossing is at the bottom of a steep hill. In icy conditions, there is no way for a vehicle to stop. The caller expressed frustration because he tried to get this problem to someone's attention several times. Weinaug asked Gorman to do some research regarding the crossing and found there are funding possibilities available through KDOT that could add a signal and arms to the crossing. Gorman submitted a resolution for the Board for consideration which asks KDOT to look at the railroad crossing and investigate what can be done.
There was discussion on the location of the crossing and the limited site distance coming from the north. This is also a school bus route.
Thellman moved to approve Resolution 12-04 requesting the Kansas Department of Transportation to investigate the Railroad crossing on E 950 Road. Motion was seconded by Flory and carried 3-0.
ACCOUNTS PAYABLE 02-22-12
Gaughan moved to approve accounts payable in the amount of $263,246.72 to be paid on 02/23/12; and a wire transfer in the amount of $11,678.91 to be paid on 02/23/12. Motion was seconded by Thellman and carried 3-0.
EMERGENCY MANAGEMENT 02-22-12
Teri Smith, Director of Emergency Management, conducted a Kansas Regional Mutual Aid System Training session with the Commissioners. Ida Kirmse, State Emergency Management Consult provided an overview of the newly-developed Kansas Regional Integrated Coordination Plan (KRICP) and the associated Kansas Regional Mutual Aid System (KARMAS). The goal is to get all 42 Kansas counties to approve a cooperative agreement which outlines a system of supplying aid when a disaster occurs. There was also a presentation on the new software developed to keep track of expenditures, aid response and recovery efforts.
RECESS 02-22-12
Gaughan moved to recess until 6:35 p.m. Motion was seconded by Thellman and carried 3-0.
RECONVENE 02-22-12
The Board reconvened at 6:35 p.m. to regular session.
HERITAGE AND CULTURAL PROJECTS 02-22-12
The Board opened a public discussion to seek input on the process to determine expenditures of $350,000 budgeted for the Heritage and Cultural projects.
Flory stated he received a memo from Ken Grotewiel and the Natural and Cultural Heritage Council on the methodology for the spending of funds that were allocated in 2013 and asking the item be put on agenda for further discussion. Flory suggested the Board suspend the preservation spending in 2012 ($350,000) and 2013 ($350,000), and redirect the $700,000 to help fund essential services. He was not proposing the Board discontinue the program, but rather postpone until the County's financial outlook improves.
Ken Grotewiel, Natural and Cultural Heritage Council, stated the council has added to the application process for the 2012 grant year the opportunity for all applicants to make a presentation before the council. Last year, this was limited to major applications only. The goal is to bring recommendations to the County Commission for 2012 before Memorial Day.
Gaughan asked if the guidelines specify what is required in the presentation. Grotewiel replied everyone who submits has an opportunity to make a presentation, but it is not required. The council will allot the applicants time based on the number of applications received, probably 10-20 minute presentations. They only ask that the information presented not be a repeat of what's in the application. It will also give the council an opportunity to ask questions.
It was discussed that no changes have been made to the allocation of funding. The major grants will make up 55% of the overall funding because the council wanted to have one large project that could make substantial progress.
Flory stated he would like the County Commissioners to see all of the applications received, not just the applications ranked by the council since the Commissioners are the ones that make the funding decisions. He feels the Commission might have a different opinion on what's important to the people in their district. Flory would like to see all apps be given some type of numeric ranking as to the top funding priorities instead of just the ones recommended.
Thellman stated she feels the council was appointed by the Board to make the determination on which applications meet the criteria. The Board should respect their work and it's important not to undermine their decisions.
Flory stated he wouldn't want to undermine the council, however, he hasn't appointed anyone he can't disagree with. He said he respects the people on the council and their opinion, but he feels it's his responsibility to state his disagreement on a project if he d s disagree.
It was determined there were no changes to the application or guideline documentation for the 2012 application process. Grotewiel stated he discourages ranking the applications, especially the unfunded ones. However, the council is willing to do that if that Board requires it.
Gaughan opened the item for public comment.
Dennis Brown, President Lawrence Preservation Alliance, stated he feels the number one priority for this program is the survey of our cultural resources in the County. Knowing what we have is critical to the planning process.
Larry Maxey, Board of Trustees for Blackjack Battlefield Trust, stated tourism brings in dollars and Douglas County needs to capitalize on the history of the Battle of Blackjack. Douglas County is unique because of its history of being in the middle of the most momentous, moral dilemma that has ever faced this country. Heritage tourism boosts local revenue for restaurants, hotels and gas stations.
Thomas Weik, Board of Trustees for Blackjack Battlefield Trust, thanked the Board for awarding a grant for the Robert Hall home. He encouraged the Board to continue partnering with Freedom Frontier and supporting heritage tourism.
Win Campbell, 880 E 500 Road, said he is a lifelong resident of Douglas County. He asked the allocation of $350,000 for heritage preservation be
put aside until the economic situation improves. The Board should look at these items that are nonessential to infrastructure or human services to balance the spending.
Megan King, Lawrence resident, urged the Board to use fiscal responsibility in regard to this project in light of the current and future shortfalls in the budget. The whole nation is currently in an economic state to where we all have to trim excess from our budgets. She expects the same from her government.
Carol Von Tersch, board member of Blackjack Battlefield Trust, stated every bit of the $163,000 grant received is eligible for state tax credits. They sell the tax credits on the open market which could bring in as much as $44,000 to Douglas County.
Ginny Moore, executive director of Kansas Land Trust; stated her organization received a smaller target grant which is being utilized to preserve 224 acres of prime farmland between Lawrence and Eudora. She asked the Board to keep funding heritage preservation even if it has to done at a reduced level.
Trudy Rice, Douglas County resident, stated she has worked with many committees, in many counties and is a former director of the Extension Council. She said we are fortunate in Douglas County to have resources available to fund services. However, she feels until we can increase our tax base through economic development and other avenues the heritage preservation should be foregone for at least one year so that money can fund other needed services in Douglas County in 2013.
David Simmons, resident of Baldwin City, said he is a member of Blackjack Battlefield and Nature Park Trust. He stated we are losing money to others communities due to the Legends, Missouri pulling out of Big 12, and college football games being moved to Arrowhead Stadium. According to Simmons,
to make Douglas County a destination place we need to get other monies coming in to replenish the money leaving and the heritage grants will help do that.
Steve Novak, Executive Director of Douglas County Historical Society, feels the grant program is a one-time investment that allows an organization to achieve the next level of their vision. He supports the grant program and said the suggested changes to the process will be an improvement.
Edmond Rea, Douglas County resident, said he is an unemployed engineer looking for work. He urged the Board to be fiscally responsible. The County is 2.3 million short for the fiscal year 2013 and feels spending $350,000 on the grant program is a mistake.
Jim Mullins, field director for Americans for Prosperity Kansas, stated concerns about increasing taxes and the direction elected officials are taking with their overspending. He feels eliminating the grant would be an example of how we can slowdown the rate of spending.
The Board recessed for five minutes, and then returned to regular session.
Linda Campbell, resident, stated this meeting is about financial responsibility. The county could be looking at a 2.3 million shortfall. She expects those who represent us to begin the difficult process of cutting back spending for the future of our grandchildren. She is opposed to spending $350,000 on the grant program.
Paul Bahnmaier, Lecompton resident, stated tourism is economic development. He spoke in favor of continuing the grant funding.
Frank Male, 861 E 2100 Road, urged the Board to protect the core services; Bert Nash, Cottonwood, Independence Inc. and to take the $350,000 and use it wisely on core needs. When times are better, get back to preserving.
Kerry Altenbernd, BlackJack Battlefield Trust, stated he considers preserving our heritage as much of an essential as funding for the Sheriff or Fire and Medical. He strongly recommended the Board fund the grant program in some way next year.
Grotewiel stated on behalf of the Heritage Conservation Council he thanked the Commission for the public feedback on the grant process. The council will take the comments to heart and incorporate as much as they can to improve the process.
Flory said he started this process by questioning whether it would be fiscally responsible to suspend this program and look at other programs. It is a fact we're likely to be 2.3 million short of funding our fiscal year 2013 budget. We have to either raise taxes, reduce spending or both. Flory stated he is not anti-heritage. But, this funding is in competition with a lot of other worthwhile programs: Health Care Access; Senior Center; Cottonwood; Douglas County Health Department, Bert Nash, Visiting Nurses; The Shelter; Humane Society; CASA; Independence Inc.; Ballard Center; the Extension Council; JAAA; and the Community Shelter. These are all competing needs, human service needs we need to fund in 2013. Each agency is likely to get some kind of cut. Flory stated as he looks at cultural heritage, no matter how important it is, it's not as important to him as shelter, our elderly, our youth, and the developmentally disabled. Another group taking a sacrifice is our county employees. We've had no merit funding. We cut out longevity funding a couple years ago and a 1% cola this past year d sn't even keep up with inflation. It was projected for next year but may end upon the chopping block when we have a 2.3 million shortfall. We also have personnel needs. There are emergency communications needs, a need for dispatchers; information technology a database manager; the appraiser needs more help, and Public Works is getting more roads and needs additional help. Agencies have critical needs and have understood and in the past have tightened their belt. But nonetheless, we spend $350,000 on other projects. He said he can't help but think that county employees and department heads wonder what's going on when they have essential needs to carry out their job and we're spending money on something that's laudable, but it's extra. It's icing. The one thing we've looked at in trying to manage this difficult fiscal situation is a reduction in the CIP fund. The CIP fund is smart long-range planning by a county to make sure bridges don't fall down and roads don't become filled with potholes. He explained the County puts money away so when projects come up we have money to pay from them. Past commissions have done a great job of providing us something to work with and he feels we should provide these funds for future commissions as well. He said he hesitates to tap into that fund to cover short-term needs or to cover what he feels are not core, critical, human service needs. He stated his position to suspend comes from as an elected official having to tell these human services agencies, struggling with cutbacks from the federal government, that they're going to have take further cuts to fund preservation projects. He said he can't and won't do that. He won't tell county department heads that we can't meet their critical needs for personnel in order to fund preservation projects. He can't tell county employees they must be the ones to continue to sacrifice and not keep up with the cost of living to fund preservation projects. The time has come to perhaps consider their needs as paramount. He said he can't tell struggling taxpayers, those on a fixed income, the elderly, the low income, the small business owner, they're going to have to pay higher property taxes because we're going to raise the mill levy to fund preservation projects. He said he challenges fellow commissioners to ask for candid opinions from the social service agencies, the department heads and other elected officials if they think it's fiscally responsible to fund these projects to the detriment of their agency, department or employees. There may be a time when the treasury flourishes and we can fund these projects fully and not cut back on human services or County core responsibilities, but that time is not now. He said he will continue to oppose spending this kind of money.
Thellman asked for clarification about the $2.3 million deficit figure people were using frequently at the meeting. She asked whether that number was a firm number or whether it was a projection and likely to change as the Board approaches its budget season. Craig Weinaug, County Administrator, stated we won't know exactly the number until after the Board finishes the budget in August. So far the numbers are projections. It's important to note that it's not a situation where if unaddressed the county will be in debt 2.3 million. It's an issue of keeping current revenues in sync with current expenditures so we don't end up funding expenditures by debt.
Flory suggested possibly pushing the timetable for the 2012 recommendation on applications to a later date, after we have more concrete numbers, similar to last year.
Gaughan stated we've heard tonight from constituents and citizens. People are certainly aware of the challenging times we face. Every budget we've faced has been challenging. Commissioner Flory did a good job of laying out the decisions facing the Commission from department heads that have held positions open for years, to the human service agencies. We're at the same staffing level we've been at since 1992 on everything outside of public safety. He made a point of saying Douglas County is on a solid financial standing and in better shape than some local governments in the state because of the vision of prior commissions. This commission has debated on whether or not we're going to invest in our heritage. Every time we discuss or debate this issue, and we come to same conclusion and it's always a 2-1 vote, with a few exceptions. Gaughan stated it is clear where this commission is and where it has been. He d sn't envision that changing. We've gone through the process once on how to make it work and make it better. We've heard from some applicants and from those who were not successful. He said he is not going to suggest that there's another number we should come up with when it has been successful. We'll have a budget process in July and August and will look at next year's budget and make that decision then. This money is budgeted for this year. He d s feel it is healthy to keep discussing and talking about this. It's good to hear comments. For many reasons, we appreciate the work prior commissions have done on road preservation, and he hopes that future constituents and future residents will thank this Commission for in the middle of tough times standing up for our heritage. We had four tough budget years in a row. But the County will continue to fund human services and core services and look at the quality of life in Douglas County.
Thellman stressed she appreciates Commission Flory's tenacity on this.
It is good for us to be reminded of budget challenges and how they can be addressed. She said the commission d s have differences of opinion but she appreciates the thoughtfulness and courtesy the other Commissioners have shown. We heard a number of times tonight that it's important to hold back for a while until our economy's in better shape and we've got to diversify our tax base for economic development. We do a lot of economic development, spending millions of dollars seeking out primary jobs. She used Berry Plastics as an example. Thanks to previous commissions who determined economic development would take off as the County invested money in the biosciences. We're reaping the reward of that now. There's a lesson in this, heritage tourism is economic development. It is not icing on the cake. It is economic development for the community lucky enough to have things that are worthy of heritage. It's an industry that provides jobs, generates taxes and has the added benefit of protecting historic structures, upholding culture heritage and preserving natural environment while improving quality of life for citizens and additionally attracts visitors to the community. There are immeasurable benefits of being a place that can have tourism. Quality of life is not necessarily something that can be measured but is something we should want for our kids and grandkids. There are measurable benefits. Tourism is the first or second or third largest economic engine in every state in the United States. From Kansas Travel and Tourism article in 2010, Tourism in Kansas had a 5.5 billion economic impact for the state of Kansas; 148,945 jobs were made in Kansas, with 1 in every 9 jobs being a part of the tourism industry in Kansas. The salaries and wages represented by those jobs equal 2.5 billion dollars. Heritage tourism in general creates jobs. For every 1,000 visitors, 10 jobs are created. For every $1invested, there is about an $8 return. The Silos and Smoke Stacks Natural Heritage Area in the Northeast corner of Iowa has had an economic impact of $58,690,543. It's a mix of farms and urban venues. Open space has not just an aesthetic value, but a monetary value. Surrounding property values to open spaces areas increase by 25-35 percent. In February, three different presentations were hosted by the local Food Policy Council, the Farm Bureau and the Kansas Land Trust bringing in a combined total of 100 people interested conservation easements. Thellman said the speaker who said we need to diversify our tax base through economic development is right. Anyone trying to grow our community and pay for our amenities knows we need a diverse tax base. We do that by looking for primary jobs and doing what we do best. Some of what we do best is KU biosciences, and also concentrating on what makes us unique and that's our historic treasures and cultural heritage and our ability to turn those things, which we live with, into something economically viable. Thellman stated it would be better to talk about this as the Board g s through budget conversations. This is not the only special fund, there is also $350,000 devoted to economic development.
Flory stated he would be happy to talk about that fund also. Thellman replied she is not opposed to making shifts if needed, but would like to discuss this during budget sessions after getting final numbers for the 2013 budget. However, she thinks it's important not to target this one program for one time money when it's been budgeted and people are prepared to move forward with it.
There was discussion that it is the traditional role of counties to support historic resources and the need for the taxpayers to have the opportunity to weigh in on supporting this type of spending with the possibility of a sales tax.
Gaughan stated for the record, he is opposed to adding a sales tax.
After further discussion, Thellman moved to direct the Heritage Conservation Council to move forward with the seconded funding cycle and to include the changes outlined in the process to include a presentation by the applicant. Motion was seconded by Gaughan and carried 2-1 with Commissioner Flory in opposition.
Gaughan moved to adjourn the meeting; Flory seconded and the motion carried 3-0.
____________________________ ____________________________
Mike Gaughan, Chair Nancy Thellman, Vice-Chair
ATTEST:
___________________________ _____________________________
Jamie Shew, County Clerk Jim Flory, Member
Time and Date