BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, KANSAS
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. Speakers are asked to sign in so that the spelling of names is correct in the minutes of the meeting. Speakers should address all comments/questions to the Commission.
WEDNESDAY, JULY 24, 2019
5:30 p.m. BUSINESS MEETING
(1) (a) Consider approval of Commission Orders;
(b) Consider approval to execute a contract with Mar Lan Construction for Construction Manager at Risk services for the Behavioral Health Campus Housing Project (Jackie Waggoner);
(c) Review and Approve an Amendment to the Memorandum of Understanding between the Kansas Department of Corrections Division of Juvenile Services and Douglas County Kansas for the Youth Advocacy Program. (Pam Weigand)
(d) Consider awarding construction contract for Project No. 2019-20 regarding N 1200 Road/Route 1061 intersection improvements to Hamm, Inc. in the low bid amount of $148,242.78. (Keith Browning);
(e) Consider approval to purchase Snap-Tite pipe culvert liners culvert numbers 20.08N-08.54E and 20.32N-07.90E at a cost of $53,148.16 plus shipping costs for Project 2017-66. (Keith Browning);
(f) Consider approval of the minutes from July 10, 2019; and
(g) Accounts payable.
(2) Discussion on herbicide use at Lone Star Lake for treatment of riprap shore lining and for treatment of Eurasian Watermilfoil (Keith Browning);
(3) Consider approval of a contract with Mar Lan Construction for construction services in the amount of $111,332, and authorizes the Interim County Administrator to approve change orders up to 10% of that amount. Additionally, the Board provides staff direction on modifying our lease terms and accepting offer made by the landlord.(Jackie Waggoner)
(4) Recess into executive session for an update on the current employer-employee negotiations between the County’s administrative staff and representatives of the Local 1596 International Association of Firefighters, pursuant to the employer-employee negotiations exception set forth in K.S.A. 75-4319(b)(3). The justification for the executive session is to keep employer-employee negotiations matters confidential at this time. At the end of the executive session, no action will be taken, and the County Commission will resume its regular meeting in the County Commission Chamber.
(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
July 24, 2019
Derusseau called the Regular Session to order at 5:30 p.m. on Wednesday, July 24, 2019 with all Commissioners present.
CONSENT AGENDA 07-24-19
Thellman moved approval of the following Consent Agenda:
► Execute a contract with Mar Lan Construction for Construction Manager at Risk services for the Behavioral Health Campus Housing Project;
► Reviewed and approved an amendment to the Memorandum of Understanding between the Kansas Department of Corrections Divisions of Juvenile Services and Douglas County Kansas to ensure reimbursement for the Youth Advocate Program, Inc. (YAP) services continue until a contract is finalized.
► Awarded a construction contract for Project No. 2019-20, N 1200 Road/Route 1061 intersection improvements, to Hamm, Inc., in the low bid amount of $148,242.78;
► Authorized the purchase of Snap-Tite pipe liners for culvert numbers 20-08N-08.54E and 20.32N-07.90E at a cost of $53,148.16 plus shipping costs;
► Minutes of July 10, 2019; and
► Accounts payable in the amount of $997,754.58 to be paid on 07/25/19; and payroll in the amounts of $1,063,273.45 paid on 06/21/19, $1,092,624.11 paid on 07/05/19, and $1,066,518.31 paid on 07/19/19.
Motion was seconded by Kelly and carried 3-0.
PUBLIC WORKS 07-24-19
Keith Browning, Director of Public Works, led a discussion on herbicide use at Lone Star Lake for treatment of riprap shore lining and for treatment of Eurasian Watermilfoil (EWM).
Browning stated a member of the public emailed with concerns of overuse of herbicides killing approximately 20 trees on the west side of Lone Star Lake south of the west boat ramp. These trees are situated above the riprap shoreline. Douglas County treats riprap every other year with an herbicide called Ecomazapyr. The last treatment in that area was in 2018. Staff arranged for Tom Buller, KSU Extension horticulturalist to visit the site. It is Buller’s opinion that the herbicide did affect the trees caused by the prolonged high water levels causing deeper migration into the tree roots. Some of the tress are showing some leafing. Buller recommends leaving those trees to see if they survive. Browning stated Douglas County will cease the use of Ecomazapyr in this location or similar locations at Lone Star Lake.
On the issue of Eurasian Watermilfoil (EWM), KDWPT fisheries biologist Richard Sanders determined Lone Star Lake has approximately 23 acres of EWM infestation, which is larger than last year. Staff recommends treatment of EWM with Navigate herbicide and asked the County Commission to provide direction.
Thellman asked what the outcome would be if we did not treat the lake. Sanders responded the weeds would impact all the arms of the lake as the ERW grows in shallow water of less than 20 feet deep and become a detriment to shore fishing, boating and swimming. It would impede activities.
Derusseau opened the item for public comment.
Ned Kehde, 1636 Learnard, stated he is a fisherman and has a history of being a fishing guide. He would prefer the EWM weed to be cut manually instead of chemical treatments because he feels the herbicide effects our rivers and eventually works its way to our oceans.
The Commission asked if treated, what affect the herbicide would have on lake activity. Browning responded staff would close the lake for swimming the day of application. Swimming only needs to be limited for 24 hours. He added cabin owners like the County treating the lake because the weeds limit swimming at their docks.
Derusseau stated she feels not treating the lake would be a safety issue with kids jumping off docks during this high level of weed population.
Thellman added the County has been treating the lake on a regular basis and feels the herbicide is a reasonable option. She understands from a fisherman’s standpoint, they prefer the vegetation but we have to consider all people including those who use the lake for kayaking, swimming and shoring fishing as well. She said she feels comfortable referring to experts and Public Work staff that have been exceedingly thoughtful with the care of the lake. She has no issue going forward with the lake treatment.
Kelly added this is an invasive species of plant and we have to take care of it. Weeds create a better fishing experience but right now the best advice is with the experts.
It was the consensus of the Board for staff to move forward with the Lone Star Lake treatment using Navigate herbicide for EWM infestations in early August.
PURCHASING/1006 NEW HAMPSHIRE 07-24-19
The board considered the approval of a contract with Mar Lan Construction for construction services at 1006 New Hampshire in the amount of $111,332, and considered authorizing the Interim County Administrator to approve change orders up to 10% of that amount. Additionally, the Board is being asked to provide staff direction on modifying our lease terms and accepting an offer made by the landlord. Jackie Waggoner, Director of Purchasing, presented the item for consideration.
In April 2019, the County Commission approved an agreement to lease 1006 New Hampshire for additional space needs. Mar Lan Construction provided a base bid for the scope of work required. The County considered an alternate for conventional walls versus moveable walls. It was determined that the conventional walls would cost $43,816, while the movable walls would cost $68,984. Staff recommends proceeding with the conventional wall cost making the total project cost $111,332, and asked the Board to consider giving authority to the Interim County Administrator to approve changes orders up to 10% ($11,133) of the total costs. Funds are available in the Special Building Fund for this project. In addition, the landlord has offered to absorb $60,000 of the remodel expenses if the County agrees to modify the lease term from 36 to 60 months.
It was the consensus of the Board that given the immediate space needs, a five year lease seems reasonable, especially considering the property owner is willing to absorb $60,000 in the remodel.
Derusseau opened the item for public comment. No comment was received.
Kelly moved to approve 1) a contract with Mar Lan Construction for construction services in the amount of $111,332, and authorized the Interim County Administrator to approve change orders up to 10% of the amount; and 2) accept the 1006 New Hampshire landlord offer to absorb $60,000 of the remodel cost if we agree to extend the lease from 36 to 60 months. Motion was seconded by Thellman and carried 3-0.
EXECUTIVE SESSION 07-24-19
At 6:25 p.m., Derusseau moved to recess into executive session for 30 minutes for an update on the current employer-employee negotiations between the County’s administrative staff and representatives of the Local 1596 International Association of Firefighters, pursuant to the employer-employee negotiations exception set forth in K.S.A. 75-4319(b)(3). The justification for the executive session is to keep employer-employee negotiations matters confidential at this time. At the end of the executive session, no action will be taken, and the County Commission will resume its regular meeting in the County Commission Chamber. Motion was seconded by Thellman and carried 3-0. Attendees included: Commissioners Derusseau, Thellman and Kelly; Jill Jolicoeur, Assistant to the County Administrator; and Brad Finkeldei, Stevens and Brand.
At 6:55 p.m., Derusseau extended the executive session for 15 minutes to reconvene at 7:10 p.m.
The Board returned to regular session at 7:10 p.m. No action was taken.
GENERAL PUBLIC COMMENT 07-24-19 – None.
APPOINTMENTS 07-24-19 – None.
COMMITTEE REPORTS 07-24-19 – None.
Derusseau adjourned the meeting at 7:15 p.m.
Michelle Derusseau, Chair Patrick Kelly, Vice-Chair
Jamie Shew, County Clerk Nancy Thellman, Member