Commission Board Meeting on Wed, April 16, 2014 - 4:00 PM


Meeting Information

 

WEDNESDAY, APRIL 16, 2014   

4:00 p.m.

-Proclamation for National Public Safety Telecommunicator’s Week April 13-19, 2014 (Scott Ruf)

-Consider the minutes of April 2 and April 7, 2014

CONSENT AGENDA

(1) (a)  Consider approval of Commission Orders;

 (b) Consider approval of FY2015 Comprehensive Plan/Budget for Community Corrections

 (Deborah Ferguson);

 (c) Consider approval of Health Insurance Stop-Loss Coverage (Sarah Plinsky);

 (d) Consider resolution to amend Douglas County zoning regulations 12-319-7 regarding agritourism regulations (Linda Finger);

 (e) Consider for approval a Memorandum of Understanding between the Douglas County Commissioners and the Bureau of Land Management Oklahoma Field Office and the Bureau

   of Indian Affairs Eastern Oklahoma Regional Office Southern Plains Regional Office (Craig Weinaug);

  (f) Consider acquisition of right of way for project 2012-14, Route 458 from 1050E to US-59 Highway, three parcels (Michael Kelly); and

  (g) Authorize Commission chair to sign a letter for a funding match for Outreach, Prevention and Early Intervention Services program for the Lawrence-Douglas County Health Department (Sarah Plinsky).

(2) Take action on resolution expressing intent of County Commission to consider the creation of a fire  district with responsibility for fire protection in Palmyra Township, as requested by the Palmyra  Township Board, and setting date for public hearing. (Craig Weinaug)

(3) Take action on Resolution expressing intent of Commission to consider the creation of a fire district Township Board, and setting date for public hearing. (Craig Weinaug)

(4) Consider extension of burn ban for two weeks subject the same terms and conditions as the current burn ban (Teri Smith)

(5) Consider draft request from Douglas County Commission to Lawrence City Commission requesting waiver of development charges for the public works building pursuant to City Ordinance No. 6791

(Craig Weinaug)

(6) (a) Consider approval of Accounts Payable (if necessary)  

(b) Appointments

Bert Nash Community Health Center Board of Directors (2) expire 04/2014 

Douglas County Senior Services Board of Directors – (1) vacancy 04/2014

Heritage Conservation Council (3) positions expire 05/31/2014

Jayhawk Area Agency on Aging Board of Directors – (2) vacancies

Jayhawk Area Agency on Aging Tri-County Advisory Council – (2) vacancies

(c)  Public Comment

(d) Miscellaneous

RECESS

RECONVENE

6:35 p.m.

REGULAR AGENDA

 (7) CUP-14-00064 (CUP-12-16-02) 5-year compliance review and reclamation plans for Hamm Eudora    Quarry #58 located on approximately 129 acres at, and north of, 1232 E 2300 Road. (Mary Miller)

 (8)  Adjourn

 

 

Thellman called the regular meeting to order at 4:00 p.m. on Wednesday, April 16, 2014, with all members present.

PROCLAMATION 04-16-14

Thellman moved to proclaim April 13-19, 2014 as ”National Public Safety Telecommunicator’s Week” in Douglas County. Motion was seconded by Gaughan and carried 3-0.

TELECOMMUNICATOR AWARDS 04-16-14

Scott Ruf, Director of Emergency Communications, presented the following awards in honor of National Telecommunicator’s Week:

Telecommunicator of the Year 2013                            

Dispatcher Anthony Foster

Life Saving Award

Dispatcher Zachary Towns

Unit Citation Award

Deputy Director Lori Alexander

Dispatch Supervisor Edna Brubaker

Assistant Supervisor Darren Johnson

Dispatcher Timothy Reisbig

Dispatcher Andrew Miller

Dispatcher Kate Haehl

Dispatcher Anthony Foster

Public Safety Meritorious Award

Captain Steven Zarnowiec, Lawrence Police Department

Captain Gary Bunting, Douglas County Sheriff’s Department

Chief Bill Stark, Lawrence-Douglas County Fire-Medical



MINUTES 04-16-14

Thellman moved to approve the minutes of April 2 and April 7. 2014. Motion was seconded by Flory and carried 3-0.

CONSENT AGENDA 04-16-14

Thellman moved approval of the following Consent Agenda:

-  Commission Order Nos.14-017 and 14-018 (on file in the office of the Clerk); and

-  Accepted the renewal proposal from Optum for Stop Loss Health Insurance Coverage in an amount not to exceed $426,227.40;

-  Resolution 14-12 adopting text amendments to the Zoning Resolution for the unincorporated territory of Douglas County, Kansas, pertaining to revisions to the Agritourism Regulations; 

-  Approved for the Chair to sign a Memorandum of Understanding between the Douglas County Commissioners and the Bureau of Land Management Oklahoma Field Office and the Bureau of Indian Affairs Eastern Oklahoma Regional Office and Southern Plains Regional Office; and

-  Approved for the Chair to sign a letter of participation in the Outreach, Prevention and Early Intervention Services program stating an understanding of a match requirement of $225,000.

   

Motion was seconded by Gaughan and carried 3-0.

Pulled from the agenda:

PUBLIC WORKS 04-16-14

The item to consider acquisitions of right of way for project 2012-14, Route 458 from 1050E to US-59 Highway, three parcels was deferred to a later date unknown.

COMMUNITY CORRECTIONS 04-16-14

Flory moved to approve the FY 2015 Comprehensive Plan/Budget for Community Corrections. Motion was seconded by Thellman and carried 3-0.

FIRE DEPARTMENT/PALMYRA TOWNSHIP 04-16-14

Flory moved to adopt Resolution 14-09 relative to the creation of a fire district with the boundaries consisting of all of Palmyra Township; and ordered a public hearing to receive public comment for May 14, 2014 at 6:35 p.m., in the County Commission room located on the second floor of the County Courthouse, 1100 Massachusetts Street, Lawrence, Kansas. Motion was seconded by Thellman and carried 3-0.

FIRE DEPARTMENT/WILLOW SPRINGS TOWNSHIP 04-16-14

Flory moved to adopt Resolution 14-09 relative to the creation of a fire district with the boundaries consisting of all of Palmyra Township; and ordered a public hearing to receive public comment for May 14, 2014 at 6:35 p.m., in the County Commission room located on the second floor of the County Courthouse, 1100 Massachusetts Street, Lawrence, Kansas. Motion was seconded by Thellman and carried 3-0.

EMERGENCY MANAGEMENT/FIRE BAN 04-16-14

The Board considered the extension of a burn ban for two weeks subject to the same terms and conditions as set out in the current ban.

Lyle Bowen, Willow Springs Fire Chief, said the current resolution is working. He would like to see a wind factor of 15 mph as a ban condition added in the future amendments.

It was decided that the ban would be extended and modification to the resolution may be considered at a later date.

Thellman moved to adopt Resolution14-11 providing for the imposition of restrictions on certain outdoor burning practices in the unincorporated area of Douglas County, extending the burn ban through April 30, 2014. Motion was seconded by Flory and carried 3-0.

PUBLIC WORKS 04-16-14

Flory moved to approval a letter from the Douglas County Commission to Lawrence City Commission requesting waiver of development charges for the public works building pursuant to City Ordinance No. 6791. Motion was seconded by Thellman and carried 3-0.

 

ACCOUNTS PAYABLE 04-16-14

Thellman moved to approve accounts payable in the amounts of $1,220,733.23 to be paid on 04/17/14 and $370,600.89 paid on 04/10/14; and payroll in the amounts of $846,486.67paid on 03/14/14, $854,796.06 paid on 04/11/14 and $842,709.70 paid on 04/16/14 . Motion was seconded by Flory and carried 3-0.

RECESS 04-16-14

At 5:07 p.m., the Board recessed until 6:35 p.m.

RECONVENE 04-16-14

The Board returned to regular session at 6:35 p.m.

PLANNING/CUP 04-16-14

The Board received a five-year compliance review and reclamation     plan for CUP-14-00064, Hamm Eudora Quarry #58 located on approximately 129 acres at, and north of, 1232 E 2300 Road. Mary Miller, Lawrence-Douglas   County Metropolitan Planning Staff, presented the item.

This is the second five-year compliance review for this CUP. Though it has not been quite five-years, the applicant is getting ready to start quarrying and submitted operation and reclamation plans. The subject quarry sits adjacent to the commonly called Petefish Quarry. A reclamation plan for the Petefish Quarry was included as a condition of this CUP. The area to the east of the creek is required to be reclaimed when the quarry begins on the adjacent property and the area to the west of the creek is required to be reclaimed three years after quarrying activity on the quarry overall is complete.

Staff’s presentation included: photos and aerials of the site, a description of the reclamation plan and fencing/screening plans, the revised access locations map and a request to reclaim the east side of the Petefish Quarry in a manner suitable for use as an asphalt batch plant. It was clarified that a Temporary Business Permit would be required for any asphalt batch plant use and that the area would need to be final reclaimed with the remainder of the quarry when the quarry operations cease on the permitted quarry.

Flory stated there was a complaint about dust control on N. 1200 Road. He asked staff if dust control was in the original conditions. Thellman replied that applicant is responsible for supplying rock and dust control on the township haul road portion of N 1200 Road.

John Strome, Hamm, Inc., said Hamm d s not have a formal agreement with Eudora Township. However, they have a verbal agreement that if the township needs rock on N 1200 Road, Hamm will supply the rock and the township will apply it. Typically twice a year, Hamm and the township put down rock at the intersection of 1061 and N 1200 Road, plus 300 feet east of the Gabriel residence. Strome said last year Hamm also ran a water truck down that road fairly often.

Miller stated the dust control falls under Condition 11 (d) where the applicant is to supply rock and dust control for the maintenance of the township road. The CUP d s not list specifics.

Flory stated the Board considers dust control a condition that needs to be complied with. Strome stated he has met with Township Trustee, Eugene Westerhouse, who is satisfied with the agreement as is. If the township calls, Hamm is obligated to supply rock or water. Hamm is scheduled to apply dust palliative in May. Strome indicated he would supply a contact for the Gabriel’s to call if there is a dust issue.

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

Flory moved to approve the five-year compliance review for CUP-14-00064 with staff’s recommendations as follows:

1. Approval of fencing and screening plans;

2. Approval of reclamation plans with conditions:

• Trees installed within 1 year of approval;

• Berms removed on west portion of Petefish with the final reclamation;

• If quarrying in cuts 1-4 varies the reclamation, the plans will be revised;

3. Approval of revised access points as shown on the plan based on the recommendations of the Public Works Director.

Motion was seconded by Gaughan and carried 3-0.

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

____________________________  ____________________________

 Nancy Thellman, Chair                      Jim Flory, Vice-Chair

ATTEST:

 ___________________________  _____________________________  

Jamie Shew, County Clerk                 Mike Gaughan, Member

Location

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