Commission Board Meeting on Wed, May 1, 2019 - 4:00 PM and 5:30 PM


Meeting Information

 BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, KANSAS

 

ADDRESSING THE COMMISSION:  Public comment will be taken for each regular agenda item as each item is discussed.  Individuals will be limited to one comment per agenda item.

Individuals are asked to come to the microphone, sign in, and state their name.  We ask that you sign in so that we can get the spelling of your name correct in the minutes of the meeting. Speakers should address all comments/questions to the Commission.

WEDNESDAY, MAY 1, 2019

4:00 p.m. - WORK SESSION

(1)  Open Space Project Charter review (Helen Schnoes)

5:30 p.m. BUSINESS MEETING  

-Proclamation declaring May 2019 as “Mental Health Month” (Patrick Schmitz)

CONSENT AGENDA   

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

 (b) Receive 2018 County Engineer’s Annual Report (Keith Browning)

 (c) Consider approval of low bid for supply of Highway De-Icing Salt (Keith Browning)

 (d) Consider approval to amend and extend the contract with Advanced Correctional Healthcare (AHC) for inmate services at the jail (Gary Bunting);

 (e) Consider approval of acquisition of permanent and temporary easement for structure replacement for Project No. 2017-57 (Str. No. 11.38N-22.00E) (Kevin Sontag)

 (f) Consider approval of permanent easement for intersection improvements for Project No. 2019-20 (Kevin Sontag);

 (g) Consider approval of acquisition of permanent, drainage, and temporary easement for road improvements for Project No. 2019-12. (Kevin Sontag)

 (h) Consider approval of the minutes for April 17, 2019; and

 (i) Accounts payable

 

REGULAR AGENDA

(2) Consider a proposal by the Abdallah Shriners to offer a beer garden at the 2019 Douglas County Fair (David Metsker)

(3) Consider approval of an agreement with Artists Helping the Homeless to provide respite housing service to Douglas County residents (Jill Jolicoeur)

(4) Appointments:  

• Community Corrections Board Advisory Board (1) position open (Social Services)

• Douglas County Food Policy Council (2) positions open (Local food system/Ag Producer)

• Douglas County Heritage Conservation Council (2) positions (Lawyer/Architect) 05/31/19

• JAAA Advisory Council (2) position

• JAAA Board of Directors (1) positions

• Lawrence-Douglas County Advocacy Council on Aging (10) open positions

(5) General Public Comment

General Public Comment will be at the end of each meeting with a limit of one comment per person and keep their comments brief. Individuals may not give unused time to other speakers. As a general practice, the Commission will not discuss/debate these items, nor will the Commission make decisions on items presented during this time, rather they will refer the items to staff for follow up, if necessary.

(6) Committee Reports

(7) Commissioner and/or Administrator Miscellaneous

(8) Adjourn

May 1, 2019

Derusseau called the Work Session to order at 4:00 p.m. on Wednesday, May 1, 2019 with all Commissioners present.

WORK SESSION 05-01-19

The County Commission held an open space study session. Attendees included: Sarah Plinsky, Interim County Administrator; Helen Schnoes, Food Systems Coordinator; Keith Browning, Director of Public Works; Tonya Voigt, Planning & Zoning Coordinator; Jan Shupert-Arick, Heritage Conservation Coordinator; Lindsey Crick, Heritage Conservation Council Chair; Jasmin Moore, Sustainability Coordinator; and Chip Blaser, Douglas County Community Foundation.

Highlights and things to consider included:

• Open space is a community value.

• Need of a partnership and shared vision on what space we want to preserve and what role the County wants to play.

• Determine what open space is available in Douglas County and how it effects rural character.

• Determine the level of importance for parks, recreation and open space.

• Bring new perspectives to the discussions.

• Discuss the economic values of protecting open space.

• Consider addressing climate protection.

• Set shared community vision and priority outcomes.

• Conduct geospatial analysis.

• Identify funding needs.

• Establish a sustainable framework- a Project Charter: Consider bringing to the County Commission for consideration in the near future.

• Make plans and track community progress.

• Projects that feed into the sustainability work include KU Biological surveys and surveys conducted through the Heritage Conservation Council.

• Engage with the Community Foundations match grant funding efforts.

RECESS 05-01-19

At 4:50 p.m., the Board recessed until the 5:30 p.m. meeting.

RECONVENE 05-01-19

At 5:30 p.m., Derusseau called the Regular Meeting of the Board of County Commission to order.

PROCLAMATION 05-01-19

Thellman read a proclamation declaring the month of May 2019 as “Mental Health Month” in Douglas County. Patrick Schmitz, Director of Bert Nash, discussed Bert Nash’s services to the community for the past 70 years.  

CONSENT AGENDA 05-01-19

Derusseau moved approval of the following Consent Agenda:

►  Commission Order Nos. 19-029 and 19-030 on file in the office of the County Clerk;

►  Received the 2018 County Engineer’s Annual Report;

►  Low bid from Central Salt for the supply of 3500 tons of highway de-icing salt at a total cost of $165,690 as follows

►  Third Amendment to the Agreement for the Provision of Inmate health Services with Advanced Correctional Health, Inc. for an annual amount of $736,634.37 to be paid in monthly payments of $61,386.20,

►  Acquisition of Easement for Project No. 2017-57, Structure No. 11.38N-22.00, with Robert and Delores Gabriel, 2240 N 1200 Road, Eudora; Tract No. 1;

►  Acquisition of Easement for Project No. 2017-57, Structure No. 11.38N-22.00, with S&S Farming, LLC Steven A. Wilson, 316 Flame Way, Baldwin City, Tract No. 2;

►  Acquisition of Easement for Project No. 2019-20, Road No. 138 (N 1200 Road) and 13A (E 2200 Road/Route 2061) with JJL Farm Enterprise, LLC, a Kansas limited liability company James R. McCabria, Managing member, P.O. Box 202, Eudora; Tract No. 1;

►  Acquisition of Easement for Project No. 2019-20, Road No. 138 (N 1200 Road) and 13A (E 2200 Road/Route 2061) with Larry R. and Marilyn K. Wilson, P.O. Box 430, Eudora; Tract No. 2;

►  Acquisition of Easement for Project No. 2019-12/E1750 Road Improvements, with Bruce D. and Sue Ann Brown, 405 E 1750 Baldwin City, Tract No. 1;

►  Acquisition of Easement for Project No. 2019-12/E1750 Road Improvements, with David and Donna Reed, 434 E 1750 Road Baldwin City, Tract No. 2;

►  Minutes for April 17, 2019; and

►  Accounts payable in the amount of $454,013.70 to be paid on 05/02/19.

Motion was seconded by Thellman and carried 3-0.

 

FAIRGROUNDS 05-01-19

The Board considered a proposal by the Abdallah Shriners to offer a beer garden at the 2019 Douglas County Fair. Mike Kelso, Fair Board member, presented the item. Jim Rush, Abdallah Shriners, was also available               for questions.

According to Kelso, the Fair Board sought out local businesses to provide the beer garden, but found no interest. The Abdallah Shriners of Overland Park  are interested, have a liquor license and have experience offering beer gardens for other organizations. The Shiners will also provide security for the beer garden, personnel and will provide cleanup. There was discussion on having the beer garden in the arena, which is fenced in. Patrons that have been carded will wear wrist bands. The beer garden will close one-half hour before the nightly event concludes, or at midnight, whichever comes first.

Derusseau stated concerns about liability. She said she is excited to see the Shriners involved because of their experience with beer gardens. She also understands the Shriner’s have their own insurance, but she asked if the County will still be liable if something should occur.

Sarah Plinsky, Assistant County Administrator, stated they will provide their own liability, but will need to sign appropriate alcohol liability forms of which we would require for any vendor.

Derusseau asked if the Shriners will be purchasing their supplies from local businesses. Rush responded, yes, they will be using local venders.

Kelly asked if the plan is to continue to use this vendor moving forward or put out a Request for Proposal (RFP). Kelso responded the Fair Board discussed using the Shriners for three years, but that agreement can be cancelled at any time.

Thellman said she was surprised at the difficulty in finding someone local and that the amount the money expected to raise was not as much as would be expected. Kelso said the amount is unknown.

Thellman said the Commission encouraged the Fair Board to find a responsible way to open a beer garden and they have. The Board will evaluate this first year and see if the effort is worth the money made, and if the experience of fair goers is elevated.

Kelly said there are many organizations in town looking for funds. He would encourage the Fair Board to reach out to other businesses than just local bars. We will learn a lot this first year. He said he wished we were keeping the funds in Douglas County but does appreciate the Abdallah Shriners’ willingness to do this.

Derusseau opened the item for public comment.

Gene Dorsey, 2038 Emerald Drive, asked if there is a way for the Fair Board to control the consumption of alcohol at the fairgrounds to make sure people do not leave under the influence.

Rush responded they will have experienced people working the beer garden. Their insurance company requires their workers to take courses regarding serving. They have experience in spotting people that need to be cut off from being served or need a ride home.

Derusseau moved to approve the Abdallah Shriners Tin Lizzie Unit to operate a beer garden at the 2019 Douglas County Fair. Motion was seconded by Kelly and carried 3-0.

RESPITE HOUSING 05-01-19

The Board considered an agreement with Artists Helping the Homeless to provide respite housing service for male Douglas County residents. Jill Jolicoeur, Assistant to the County Administrator, presented the item.

Kar Woo, Artist Helping the Homeless (AAH), conducted a presentation to the Board at the April 17 study session for the County to consider contracting with AAH to house residents with a mental illness and/or substance abuse disorder and provide a scope of services. Funding to support this program for the initial three-year term of the engagement with AAH can be provided through existing budget authority available in the Behavioral Health Projects budget of $1.9 million.

 

There was discussion on: the realignment of the $1.9 million budgeted for Behavioral Health projects and how that money is being spent; the possibility that if this project is successful for the reentry services with the Sheriff’s office they could share in the cost which could allow for tax lid considerations; this project is targeting the chronic homeless which is putting an enormous strain on the Lawrence Community Shelter; AAH will relieve the homeless shelter so they can move toward being a true emergency shelter promoting the basics of safety and security; and the scope of services offered by AAH goes straight to the heart of a difficult population having severe conditions and is worth a three-year trial.

Thellman stated she received support letters from Heartland RADAC, DCCCA, the Housing Authority and the Lawrence Community Shelter.

Bob Tryanski, Director of Behavioral Health Projects, commented that there is a huge equity issue with men in Douglas County and we don’t have a solution for that gap at the moment. Treatment dollars are scarce. Gender is a piece of the equity gap and insurance. He feels this is a real opportunity to elevate the idea that there are equity issues on how federal and block grant dollars are available for substance abuse issues.

Kelly asked what markers we will used to determine success of the program in the future. Jolicoeur responded the project team is working on that. They will look at jail bookings, ER visits, length of stay at the jail and the homeless shelter, and if they meet with scheduled appointments with professionals.

Kelly asked how long before we see improvements. Jolicoeur said 6-12 months should be a reasonable time frame.

Thellman asked if the group home would require a permitting process. Jolicoeur replied the City considers this eight person residence a small group home requiring a waiver under the Fair Housing Act. Scott McCullough, Planning Director, said no permit would be required. Jolicoeur said hopefully if the project is successful and a good neighbor, we hope to request a Special Use Permit for up to12 individuals.

Thellman also said she received a call from a neighborhood association who likes the idea of the program, but doesn’t want the house in their neighborhood. We need to promote that AAH will be a good neighbors. Starting small is good and we can be in close contact with Kar Woo.

Derusseau opened the item for public comment.

Gene Dorsey, 2038 Emerald Drive, asked about the non-compete clause in the agreement to not hire AAH employees and vise versa, and asked why the County is planning to give $364K upfront as opposed to monthly payments.

Plinsky said she wouldn’t call the wording a noncompeting clause. The language was requested by the organization. The language is consistent with other contracts. Regarding payments, there are costs upfront like furnishing the home. This is the very beginning of the program.

Jolicoeur said regarding the noncompeting clause, floating in and out of the organization is not beneficial. There needs to be consistency. We can revisit the clause depending on how things work out.

It was the consensus of the Board they are comfortable with the contract as written.

Derusseau moved to approve the agreement as written. Motion was seconded by Thellman.

Kelly added the following comments: He is comfortable with how the contract is written and does not want to micro manage the program. To Mr. Dorsey’s concerns, Kelly is willing to trust Kar Woo’s experience. He also heard concerns of having this house in their neighborhood comment. The respite home does not require a permit. But, that doesn’t mean we should not reach out to the neighborhoods. We need those out there to advocate to help us in the community. He called upon ourselves to take care of our community, and to help lower our jail population. He said we need to step up as a community and help those who need our support. We need to put pressure on our community to help our own people. Equity is not just about race.

Motion passed 3-0.

GENERAL PUBLIC COMMENT 05-01-19 - None

COMMITTEE REPORTS - None

COMMISSIONERS AND/OR ADMINISTRATIVE MISCELLANEOUS 05-01-19

• Sarah Plinsky stated the Board has been invited to the Arterra Event Gallery, May 16 for the Lawrence-Douglas County Fire and Medical Graduation ceremony;

• The School District 497 would like to setup a quarter joint City/County/School District meeting and will be sending out dates to consider.

• Plinsky stated upcoming work sessions will be added to the agendas;

• Craig Weinaug has been selected to be the Joint Census County Representative for 2020.

 

Derusseau adjourned the meeting at 6:27 p.m.

 

____________________________  ____________________________

 Michelle Derusseau, Chair               Patrick Kelly, Vice-Chair

 

ATTEST:

 ___________________________  _____________________________  

Jamie Shew, County Clerk                Nancy Thellman, Member

Location

County Courthouse
1100 Massachusetts Street, Lawrence, Kansas 66044