Commission Board Meeting on Wed, May 9, 2012 - 4:00 PM


Meeting Information

4:00 p.m
-Convene
-Consider a proclamation declaring May 2012 as "Mental Health Month." (David Johnson)
-2011 Telecommunicator of the Year Award presentation (Scott Ruf)
-Consider approval of the minutes for March 28, April 4, April 9 and April 11, 2012.

CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Consider approval of Cereal Malt Beverage License for Clinton Marina Inc. for a special event to be held June 16, 2012. (Clerk's Office); and
(c) Consider approval of the Force Account Agreement with KDOT for Public Works department personnel to perform construction inspection services for project No. 23-C-0059-01, reconstruction of the Route 6 curve at N 1150 Road. (Keith Browning)

REGULAR AGENDA
(2) Emergency Communications to provide an update to the Commission on IRIS (Jillian Rodrigue)
-No backup

(3) Consider adopting a new Resolution Implementing Open Burning Regulations in the unincorporated areas of Douglas County.(Teri Smith)

(4) CUP-2-1-12: Consider a Conditional Use Permit to allow wine tasting and sales at Twin Oaks Golf Course, located at 1326 East 1900 Road. Submitted by Pep Selvan, for JF Burey, property owner of record. (PC Item 1; approved 9-0 on 4/23/12) Mary Miller will present the item.

(5) Continued discussed from the April 25, 2012 BOCC meeting on Text Amendment TA-08-11-11 to the Douglas County Zoning Regulations for the Unincorporated Territory of Douglas County to establish Agritourism as a use in the County A (Agriculture) District. (Mary Miller)

(6) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments:
-Lawrence-Douglas County Metropolitan Planning Commission - 05/12
-Property Crimes Compensation Board - 04/12
-Heritage Conservation Council (2) Positions - 05/12
(c) Public Comment
(d) Miscellaneous

RECESS
6:35 p.m.
-Reconvene

(7) Discussion of EMS expansion to Eudora (Caitlin Stene)

(8) Public hearing to accept comment about the possible extension of Road No. 650 (N1675 Road) (Michael Kelly)

(9) Consider resolution extending permanent Road No. 650 (N1675 Road) (Michael Kelly)

(10) Adjourn

  

Thellman called the regular meeting to order at 4:00 p.m. on Wednesday, May 9, 2012 with two members present. Commission Gaughan was unable to attend because he was in Topeka representing Douglas County at a session of the legislature.

PROCLAMATION 05-09-12
Thellman moved to approve a proclamation declaring May 2012 as "Mental Health Month." Motion was seconded by Flory and carried 2-0.

PRESENTATION 05-09-12
Scott Ruf, Director of Emergency Communications, presented Heather Lemmon, Douglas County Dispatch, with the 2011 Telecommunicator of the Year Award.

MINUTES 05-09-12
Thellman moved to approve the minutes of March 28, April 9 and April 11, 2012. Motion was seconded by Flory and carried 2-0.

CONSENT AGENDA 05-09-12
Thellman moved approval of the following Consent Agenda for items:

► Authorized Commission Order Nos. 12-019 and 12-020 (on file in the office of the Clerk);
► Resolution 12-16 to approving a sell cereal malt beverage license for a Clinton Marina Parking Lot Special Event located at 1329 E 800 Road, Lawrence, Kansas to be held on June 16, 2012.
 ► Force Account Agreement with KDOT for Public Works department personnel to perform construction inspection services for project No. 23-C-0059-01, reconstruction of the Route 6 curve at N 1150 Road. 
  
Motion was seconded by Flory and carried 2-0.

EMERGENCY MANAGEMENT 05-09-12
Jillian Rodrigue, Emergency Management, updated the Board on the Immediate Response Information System (IRIS), weather notification system in Douglas County. The enrollment for IRIS increased 1700 residents since Rodrigue's presentation to the Board at the April 11, 2012 meeting.

EMERGENCY MANAGEMENT 05-09-12
The Board considered the adoption of a resolution implementing open burning regulations in the unincorporated area of Douglas County. Teri Smith, Director of Emergency Communications; Chris Lesser, Douglas County Fire Chief's Association; and Chris Moore, Eudora Fire Chief, presented the item.

Douglas County Emergency Management staff, the township fire chiefs and legal staff have been working to develop regulations to promote fire safety in the unincorporated area of Douglas County. They proposed a resolution to the County Commission regulating when residents can burn.

Lesser stated the goal is to educate people on what days are good to burn. A resolution would formalize the process. Thellman asked who determines when burning is permissible. Lesser replied the weather service makes that determination. Dispatch would be notified on a daily basis and residents can call for an update.  It was noted that any burn ban instituted under the proposed resolution would apply for 24 hours.

Mark Bradford, Lawrence-Douglas County Fire Chief, stated this is the same notification process the City of Lawrence uses. 

Flory stated concerns about the resolution not addressing specifically the burning of brush piles in the unincorporated area. It d sn't seem to fall under agricultural burning or residential, or within the resolution anywhere. Lesser responded that the burning definitions come from the State of Kansas and Kansas Department of Health and Environment. Flory stated he feels we need to address opening burning of a brush pile which is different from burning off a field. His idea of  burning regulations was to continue allowing the same types of burning currently allowed but with a notification process and to utilize a high danger criteria to say "no" when burning is not appropriate. He said he d sn't feel this resolution meets this.

Bradford stated this resolution would prohibit residents from burning materials such as tires and asbestos. Moore agreed with Bradford and stated much of what's being burned in the County is against state statutes.

Thellman asked how Emergency Management would educate the public on the new regulations. Lesser stated the public would be notified at fire department events, flyers and booth at the fair. Bradford added it's possible the Immediate Response Information System (IRIS) could add this information to its notification. It was also determined information would be added to the Douglas County website.

Lesser stated the regulations provides a way to address the repeat offenders that burns illegally.  

Thellman opened the item for public comment. No comment was received.

No action was taken.

PLANNING 05-09-12
The Board considered approving a Conditional Use Permit, CUP-2-1-12, to allow wine tasting and sales at Twin Oaks Golf Course, located at 1326 East 1900 Road. The application was submitted by Pep Selvan, for JF Burey, property owner of record. The Planning Commission approved the item on April 23, 2012 with a 9-0 vote. Mary Miller, Lawrence-Douglas County Metropolitan Planning Commission, presented the item.  

The subject property has an approved CUP for a golf course, driving range, pitch/putt course and clubhouse. This proposal is to add a second CUP for the addition of a wine tasting area within the clubhouse. The Kansas State Farm Winery Act allows each farm winery up to three locations for wine tasting and sales. The BlueJacket Crossing Winery intends to locate their second location for wine tasting and sales within the clubhouse. No physical changes are proposed to the property. A mobile stand will be used for the sale of wine bottles and pouring of the samples.

Thellman opened the item for public comment. No comment was received.

Flory moved to approve Condition Use Permit, CUP-2-1-12 , for the addition of a wine tasting area at Twin Oaks Golf Course, located at 1326 East 1900 Road, subject to the following conditions:

1) The provision of a revised floor plan with the following changes:
a.  Addition of a note that the CUP permit may be released after the applicant has obtained the necessary State license for the wine tasting room.
b.  Addition of a note that states that this CUP approves a wine tasting area with sales for off-site consumption. Sales of alcohol for on-site consumption would require rezoning to an appropriate zoning district.
c.  The square footage of the area to be used for retail sales should be noted on the plan.

2) Parking shall be provided on surfaced parking area shown on approved CUP site plan. Additional parking would require the submittal of a revised site plan for the Golf Course CUP.

3) Compliance with Douglas County Building Codes as determined necessary by the Director of Zoning and Codes prior to the release of the Conditional Use Permit.

Motion was seconded by Thellman and carried 2-0.

PLANNING 05-09-12
The item concerning a continued discussion from the April 25, 2012 BOCC meeting on Text Amendment TA-08-11-11 to the Douglas County Zoning Regulations for the Unincorporated Territory of Douglas County to establish Agritourism as a use in the County A (Agriculture) District was deferred.

ACCOUNTS PAYABLE 05-09-12
Thellman moved to approve accounts payable in the amounts of $305,398.79 paid on 05/03/12 and $252,587.18 to be paid on 05/10/12. Motion was seconded by Flory and carried 2-0.

RECESS 05-09-12
At 5:00 p.m., the Board recess until the 6:35 p.m. meeting.

RECONVENE 05-09-12
At 6:35 p.m., the Board reconvened to regular session.

PUBLIC WORKS/PUBLIC HEARING 05-09-12
Flory moved to open a public hearing to accept comment about the possible extension of Road No. 650 (N1675 Road). Motion was seconded by Thellman and carried 2-0.

John Solbach, 359 N 1600 Road, gave the Commission a brief history on buying property from Fred and Judy Vermette that was landlocked. The Vermette's property was then not eligible for a building permit, should the house be destroyed by a tornado or fire, or need improvements. Solbach was asking that the road along N1675 be extended west of E350 Road approximately 0.1 mile, giving the Vermette's lot 250 feet of public road frontage.

The Solbach's and Vermette's signed an affidavit stating they will not protest the connection of the proposed road extension to another appropriate public road in the future should the County pursue such a project.

No further public comment was made. 

Thellman moved to close the public hearing. Motion was seconded by Flory and carried 2-0.

PUBLIC WORKS/RESOLUTION 05-09-12
Flory moved to approve Resolution 11-17 extending Permanent Road Record No. 650 (N1675 Road). Motion was seconded by Thellman and carried 2-0.

MISCELLANEOUS/EMS EXPANSION 05-09-12
Caitlin Stene, Management Intern, lead a discussion with the Board concerning the possible expansion of Emergency Medical Services (EMS) to the City of Eudora.

In 2010, the City of Eudora conducted a management audit of the City's Fire Department. The audit provided the City of Eudora with six recommendations, with one recommendation to consider pressing the County and Lawrence- Douglas County Fire and Medical (LDCFM) to provide a fully staffed Advance Life Support (ALS) ambulance service. This prompted a study on call volume, response time, population density and reliability of first responders in the area.

Baldwin City EMS Station was used as a comparable reference for call volume. It was determined the City of Eudora area receives slightly more EMS related calls per year then the Baldwin City area. In response time in Eudora is approximately 11-15 minutes, depending on the location of the incident. When comparing population, the City of Eudora has more residences per square mile when compared to the City of Baldwin because the population of Eudora is greater.

Ten years ago, it was decided to open an EMS only station in Baldwin
City to serve southern and western Douglas County due to the distance
from Lawrence.

Rough estimates to provide an EMS station in the City of Eudora include $370,000.00 for equipment, ambulance and start-up costs (not including building costs); and $662,100.00 annually for operating expenses. 

This item was deferred for discussion with a full commission at a later date.

Note: Flory asked for staff to provide a map of response time from Lawrence-Douglas County Fire Medical to other areas serviced in Douglas County.
 
Thellman moved to adjourn the meeting; Flory seconded and the motion carried 2-0. 


____________________________  ____________________________
 Mike Gaughan, Chair                           Nancy Thellman, Vice-Chair

ATTEST:

 ___________________________  _____________________________  
Jamie Shew, County Clerk                    Jim Flory, Member

Location

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